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(영문) 대전지방법원 논산지원 2014.08.19 2014고단229
강제추행
Text

1. The defendant shall be punished by imprisonment for four months;

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

3.

Reasons

Punishment of the crime

At around 03:50 on May 27, 2014, the Defendant opened a locked toilet door to the victim E (here, 19 years of age) who is mixed with the victim E (here, here, here, here) at the D convenience store located in Seosan-si C, and committed an indecent act by force against the victim by using the key in front of the toilet entrance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement regarding E;

1. Application of the relevant Acts and subordinate statutes, such as site photographs, and photographs of suspects;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

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

1. Reasons for sentencing under Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed against Probation and Order to Attend Training;

1. Scope of punishment: One month to ten years of imprisonment;

2. The sentencing guidelines [decision of a type] The range of punishment for sex crime groups and the crime of indecent act by compulsion (subject to the age of 13 or more) (the scope of recommendation): The mitigated area: Imprisonment from abroad to one year special mitigation factors: The degree of indecent act is weak, the amount of punishment is not imposed, and the special aggravation factor is nonexistent.

3. Determination of sentence: Four months of imprisonment; and

4. Whether a stay of execution is suspended or not: The degree of indecent act is weak, and that there is no negative result in punishment (general reason): There is no criminal conviction for the same kind of crime, contingent crimes, serious reflectivity, and negative result that the health is not good: At least two times of a stay of execution, the criminal records of at least two times of a stay of execution, lack of social ties (comprehensive comparison assessment), the grounds for general participation, and all the circumstances shown in the arguments of this case, such as the lack of social ties, shall be sentenced to a stay of execution of imprisonment with prison labor accompanied by a probation and an order to attend a lecture as ordered, within the scope of the recommended sentence, by comprehensively taking into account

When a conviction on the crime of indecent act by compulsion against the defendant who registered personal information becomes final and conclusive, the defendant is a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

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