logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2017.02.08 2016고단3947
준강제추행
Text

A defendant shall be punished by imprisonment for not less than eight 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

The Defendant was working as a side business with E, F, etc. in the Bupyeong-gu Incheon Bupyeong-gu D 104, and the Defendant was employed by the victim G (W, 18 years old) due to the need of the day-to-day loss.

From March 29, 2016 to March 22:00, the Defendant, E, and the victim drinked alcohol at the same place as the above house on March 30, 2016.

On March 30, 2016, around 08:00, the Defendant reported the victim who was shouldered or continued diving in the above house, and was off from the string for compulsory indecent act, and was frighted by the victim's chest and scambling with the victim's breast and scambling with the victim's fingers.

Accordingly, the defendant committed an indecent act by force against the victim in a state of impossibility of resistance.

Summary of Evidence

1. The defendant's legal statement (as at the seventh public trial date);

1. Legal statement of witness G;

1. Application of the Acts and subordinate statutes of the police statement protocol to G;

1. Relevant Article of the Criminal Act; Articles 299 and 298 of the Criminal Act; the choice of imprisonment for a crime;

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 Committed to Order, 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 a related agency pursuant to Article 4

In light of the defendant's age, occupation, risk of recidivism, type and motive of the crime, process of the crime, seriousness of the crime, preventive effect of the sexual crime that can be achieved through an order to disclose information, disadvantage of the defendant, etc., the order to disclose the personal information registered in accordance with the proviso of Article 49 (1) and the proviso of Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall not be issued to the defendant.

arrow