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(영문) 대전지방법원 천안지원 2015.01.30 2014고단1501
강제추행
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

At around 16:30 on May 19, 2014, the Defendant discovered the victim E (n, 27 years of age) who walked along the opposite direction on the roads in front of the Dowon located in Dong-gu, Dong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul. On the other hand, the Defendant committed an indecent act only once by the victim's return to the right side of the victim after the passage of the victim, and then by the victim's return to the victim, the Defendant committed an indecent act.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statement to E;

1. Article 298 of the Criminal Act applicable to the crime, the choice of imprisonment

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes [Determination of Punishment] Sex Offenses: Where the exercise of tangible force is weak [Determination of the recommended field] mitigated area: One month to one year [whether a suspended sentence of imprisonment has been suspended] where the exercise of tangible force is weak: General positive factors such as the reason for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes: contingent crimes [Determination of the sentence] and the criteria for probation, the detailed contents of the indecent act under detention, the crimes committed under detention, whether the same kind of crime is committed, and the attitude after committing the crimes, etc., the same sentence as the order shall be determined in consideration of all such factors of sentencing as shown in arguments.

Where a conviction becomes final and conclusive on a crime subject to registration of personal information in the judgment that is a sexual crime subject to registration, the accused is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the head

The defendant's age, occupation, risk of recidivism, type, motive, process, results and seriousness of the crime of this case, the degree of disadvantage and anticipated side effects of the defendant's entrance due to the disclosure order or notification order, and it can be achieved accordingly.

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