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(영문) 전주지방법원 2017.05.26 2017고단516
강제추행
Text

A defendant shall be punished by imprisonment for four 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 January 18, 2017, around 22:40, the Defendant committed an indecent act against the victim by forcing the victim to move her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to E (tentative name) and F;

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 stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. Reasons for sentencing under Article 16 (2) and (4) of the Act on Special Cases concerning the Protection and observation and the Punishment, etc. of Sexual Crimes against Sexual Crimes;

1. Review of the sentencing criteria [the scope of the recommended punishment] general standards and the area of mitigation (one month to one year) (the imprisonment with prison labor for a general indecent act) (the person subject to special mitigation) is not subject to punishment;

2. Circumstances favorable to the determination of sentence include: (a) the fact that the Defendant recognized the instant crime; (b) the degree of exercising tangible power and the degree of indecent act is not relatively much serious; and (c) the Defendant does not want the punishment of the Defendant in agreement with the victim.

There are records that the defendant has been sentenced to criminal punishment for the same kind of crime.

In addition to the above circumstances and other circumstances, the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, and the various sentencing conditions under Article 51 of the Criminal Act, such as the circumstances after the commission of the crime, shall be determined as per Disposition.

Where a conviction becomes final and conclusive with respect to a sex offense subject to registration of this case to be registered, the accused is a person subject to registration of personal information pursuant to 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 head of the competent police office pursuant to Article 43 of the same Act.

The defendant's age, occupation, risk of recidivism, and exemption from disclosure or notification order.

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