logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 강릉지원 2015.09.24 2015고단739
강제추행
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

At around 02:00 on June 7, 2015, the Defendant found the victim F (20 years of age, female) (hereinafter “E pharmacy”) who was her fat at the entrance of the 1st floor of “E pharmacy” located in the East Sea C, with her fat, and went behind, and the Defendant forced the victim to commit an indecent act by her fating her her fat with his her her fat with his her her fat around two occasions.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol of statement to F;

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

1. Article 62 (1) of the Criminal Act;

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed against Probation and Order to complete Training;

1. The reason for sentencing under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Children and Juveniles against Sexual Abuse; Articles 49 and 50 of the Act on the Protection of Children and Juveniles against Sexual Abuse; the Defendant committed the instant crime even though he was sentenced to a fine of five million won due to a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in 2012; the Defendant committed the instant crime; the Defendant appears to have an opportunity to contact many unspecified women while running his study institute; and the Defendant’s age, character and behavior, environment, motive and background of the crime, means and consequence of the crime; and the circumstances after the crime, etc. shall be determined within the scope of the sentencing guidelines [where imprisonment is imprisonment for not more than one year: sex crime, indecent act by compulsion (subject to not less than 13 years of age), type 1, area mitigation (limited to the degree of indecent act)]; the order shall be suspended and the execution shall be suspended as incidental disposition.

Where a conviction against a defendant is finalized in regard to a crime subject to registration of personal information, the defendant 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.

arrow