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(영문) 수원지방법원 성남지원 2016.08.05 2016고단894
강제추행
Text

A defendant shall be punished by imprisonment for six 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 November 8, 2015, the Defendant committed an indecent act on the part of the victim F (V, 44 years old) who is another customer at the E-age club located in the Si/Mannam-si, Mannam-si, Sinnam-si, Mannam-si, on November 8, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect with respect to F;

1. An investigation report (to hear statements from witnesses G);

1. Application of the photographic Acts and subordinate statutes;

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 suspended execution;

1. Grounds for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against an order to attend a course;

1. The mitigated area (one month to one year) of the mitigated area (one year from one year) of the types of crime of indecent act by force (subject to at least 13 years of punishment) based on the general criteria for sentencing guidelines [the scope of recommended punishment] (person subject to special mitigation] is not subject to punishment;

2. Although it is not good for the determination of sentence, if a conviction becomes final on the criminal facts stated in the judgment that are sex offenses subject to registration and submission of personal information, 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. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act, taking into account the following factors: (a) the defendant is against whom he/she is a person subject to registration; (b) the defendant has agreed with the victim; (c) the defendant has no record of being punished for the same kind of crime; and (d) the degree of exercise and conduct of force; and (c) the defendant's age, occupation

The defendant's age, occupation, risk of recidivism, contents and motive of the crime, method and seriousness of the crime, the degree and expected side effects of the disadvantage of the defendant due to the disclosure order or notification order of personal information, the preventive effect and effect of the sexual crime subject to registration which can be achieved due to such order, and the protection effect of the victim.

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