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(영문) 인천지방법원 2017.10.18 2017고단767
강제추행
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On October 13, 2016, the Defendant was sentenced to six months of imprisonment with prison labor and two years of suspended execution for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Incheon District Court on October 13, 2016, and the above judgment became final and conclusive on October 21, 2016.

around 13:00 on October 7, 2016, in front of the D convenience store in Namdong-gu Incheon Metropolitan City, the Defendant: (a) reported the victim E (the 35 years of age) who did mixedly drinking at a simple food consignment located there; and (b) made the victim’s indecent act by forcing the victim to compel the victim to use the victim’s right-hand buckbuck site by “I am spacks and bucks,” while taking the victim’s desire to do so.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Previous convictions: Reporting the previous convictions and results of confirmation (37 times a year), and application of statutes attached to the rulings;

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Where a conviction of the accused is finalized on the facts constituting a sex crime subject to registration and submission of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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 the accused is obligated to submit personal information to relevant agencies pursuant to Article 43 of the same Act

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse shall not be sentenced to an order to disclose personal information registered to a defendant pursuant to the following, taking into account the defendant's age, occupation, risk of recidivism, type and motive of the crime, process of the crime, seriousness of the crime, the effect of preventing sexual crimes that may be achieved through an order to disclose information, disadvantage the defendant's injury, etc.

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