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(영문) 의정부지방법원 고양지원 2016.08.10 2016고단1657
강제추행
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 28, 2016, the Defendant drinked the victim E (e.g., 46 years of age) in the D bus running on the Goyang-gu C Road at Gyeyang-gu, Seoyang-gu, Seoul on April 28, 2016, and committed an indecent act by force against the victim by putting his son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s seat.

Summary of Evidence

1. A protocol concerning the interrogation of suspects of E;

1. Application of the Acts and subordinate statutes for reporting internal investigation;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (the following grounds shall be considered in consideration of the amount of punishment):

1. Reasons for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by an Order to Attend (determination of sentence): The circumstances in which the defendant is unable to agree with the victim: The defendant has a duty to submit personal information to the competent agency pursuant to Article 43 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, in a case where a conviction becomes final and conclusive on the criminal facts stated in the judgment, which are sex crimes subject to registration, by taking into account all factors of sentencing indicated in the records, such as the defendant's age, occupation, sex, family relation, motive, means and consequence of the crime, etc., and the circumstances before and after the crime, etc., the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc.

The defendant's age, risk of recidivism, details and motive of the crime, method and seriousness of the crime, the degree of disadvantage to the defendant due to the disclosure order or notification order of personal information, and expected side effects.

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