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(영문) 인천지방법원 2018.01.12 2017고합547
강제추행치상
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

On August 13, 2017, at around 07:20, the Defendant: (a) discovered the victim F (nick, 19 years of age, 19) who walked a mixed way in the vicinity of the Food Parking Lot in Gyeyang-gu Incheon Metropolitan City D; (b) was able to commit an indecent act against the victim; and (c) obstructed the victim by putting about 400 meters away from the victim’s own self-victim; and (d) putting the left hand into the neck of the damaged person; and (c) caused the victim’s injury to the right part of the victim, which requires treatment between approximately 21 days, by taking the victim’s hand over the upper part.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning G and F;

1. A written diagnosis of injury;

1. Photographs of a victim, CCTV-faging photograph, each CCTV-fag-fag-faging, / CCTV-faging the / suspect moving routes, organization of CCTV for the victim moving routes, or CCTV-faging photographs;

1. Application of the Acts and subordinate statutes governing H apartment, CCTV storage in I convenience store, and each CCTV storage CD;

1. Relevant legal provisions and Articles 301 and 298 of the Criminal Act concerning criminal facts;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the grounds for sentencing).

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Protection and observation of Orders to provide community service and the Punishment, etc. of Sexual Crimes;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the Defendant’s age, environment, social ties, criminal records, and the risk of recidivism (at least 10 years prior to the conviction of robbery), profits and preventive effects expected by the disclosure notification order, and disadvantages and side effects therefrom, shall be comprehensively taken into account.

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