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(영문) 수원지방법원 평택지원 2017.09.14 2016고단2775
강제추행
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Punishment of the crime

On July 8, 2016, the Defendant, at around 04:20, duping soup room located in Pyeongtaek-si C, she did so by the victim E (here, 48 years old). After taking soup, the Defendant her knicked her her her son to the inside of the damaged victim, and her her her her her son was only indecent.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to the screen by cutting CCTV course;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

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

1. Article 62-2 of the Criminal Act on the observation of protection;

1. The Defendant was sentenced to a fine due to a similar crime under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by an order to attend a lecture, and the Defendant did not receive a letter from the injured party.

However, the punishment of this case shall be determined by taking into consideration the circumstances, such as the fact that the crime of this case was prior to the sentence of the fine, the degree of the used violence and the indecent act was not strong, the fact that there was no previous conviction exceeding the fine, and the fact that there was an opportunity to reflect while living for about one month.

Where a conviction becomes final and conclusive on a criminal fact in the judgment that is a sex offense 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

In light of the Defendant’s age, occupation, risk of repeating a crime, details and motive of a crime, method and seriousness of a crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of a sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims thereof, Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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