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(영문) 인천지방법원 2018.04.26 2018고단1130
강제추행등
Text

A defendant shall be punished by imprisonment for not less than two months.

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

Reasons

Punishment of the crime

On August 21, 2017, at around 03:00, the Defendant continued to keep the body of the victim E (one person, two-five years old) waiting for male-gu D at the entrance of the first floor of the building at the entrance of the building in question, on the way that he was going to sing in the second floor of the building in question, at around 03:00, the Defendant continued to be waiting for male-friendly D; and

Whether or not to see the low

As close as “the victim of the defect” is as close as “the marbling at the bottom of the ophal weather.”

“In doing so, by a sudden hand, the victim hacks the left shoulder of the victim, hacks the victim’s body in the direction of the first floor underground, hacks the victim’s body in the direction of the victim’s left hand, and hacks the part below the victim’s right chest with the left hand, and commits an indecent act by force against the victim.

Summary of Evidence

1. Statement by the defendant in court;

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

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Child Juveniles [the defendant has no criminal history of the same kind of crime, and in this case, the defendant can expect the effect of preventing recidivism even with the registration of personal information;

In full view of the Defendant’s age, occupation, family environment, social relationship, background of the instant crime, benefits and preventive effects expected by the instant disclosure order or notification order, and disadvantages and side effects therefrom, there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

The registration of new commercial information is expected (see Supreme Court Decision 2011Do16863, Feb. 23, 2012).

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