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(영문) 수원지방법원 안양지원 2016.03.18 2016고합14
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 25, 2015, around 23:50 on March 25, 2015, the Defendant committed an indecent act against the victim E (V, 20 years of age) who is under the influence of alcohol in a one-person soil excavation room located in Busan Young-gu, Busan, by reporting the victim E (V, 20 years of age), and taking the victim’s head, chest, and fritha by taking the victim’s head, chest, and fritha.

Summary of Evidence

1. Entry of the defendant in the first trial record;

1. Each police statement made to E and F;

1. Investigation report (to hear statements from the F with respect to wooden shots);

1. Application of statutes on site photographs;

1. Relevant Article of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the choice of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution ( various circumstances described in 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 and the Punishment, etc. of Sexual Crimes against Sexual Crimes;

1. The scope of applicable sentences under the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure and Notice Orders; 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, family environment, social relationship, criminal record and risk of recidivism; profits and preventive effects expected from the disclosure of the Defendant’s personal information due to the disclosure order or notice order of this case; and disadvantages and side effects therefrom; special circumstances that need not disclose the Defendant’s personal information; the scope of applicable sentences under the law on the grounds of sentencing: Application of the sentencing guidelines from January to ten years [type]; general standards; application of sex crimes; compulsory indecent act crimes (subject to the age of 13 years or more); and type 1 [no person subject to special punishment] / [no person subject to recommendation] of six months (the scope of imprisonment with prison labor for six years or more]

3. Determination of sentence: A person who committed the instant crime with a stay of eight months in prison, appears to have been subject to considerable mental impulse, and the Defendant failed to receive a letter from the injured party.

However, the Defendant shall be hospitalized for a long time due to the dynamic disorder before several years.

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