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(영문) 수원지방법원 안산지원 2016.12.21 2016고단4446
강제추행
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

On August 20, 2015, around 02:08, the Defendant: (a) discovered the victim C (here, 16 years of age) who walked on the street in front of the broad name city, and attempted to commit an indecent act in favor of the victim; (b) took a bath for the victim without any reason; and (c) took the victim’s her sent on his her hand several occasions, and led the victim to indecent act by force.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Scope of the sentencing guidelines prescribed in Article 62 (1) of the Criminal Act (the basic area of the crime of indecent act by force (the persons aged 13 or older) in consideration of the following: Imprisonment with prison labor for six months or two years and the general standard for the crime of indecent act by force (the persons aged 13 or more years old), such as the fact that the defendant was led to confession and reflect by the defendant, and that the defendant has no power to impose a fine exceeding the previous or previous punishment without any previous conviction

1. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against an order to attend a school

1. Where a conviction becomes final and conclusive on the facts constituting a sex crime subject to registration and submission of personal information in accordance with Articles 47 and 49 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification of personal information, 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 (no previous one shall disclose and notify the personal information, taking into account family relations, former circumstances, etc.), the defendant shall be 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 shall be obliged to submit such personal information to the head

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