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(영문) 청주지방법원 2018.08.22 2018고단562

강제추행

Text

A defendant shall be punished by imprisonment for one year.

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

1. On May 2016, the Defendant found the victim B (in women, 61 years old) who was the president of the pertinent village community center in Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, to be engaged in the mixed cleaning of the victim B (in women, f1 years old), the president of the said village, and prevented the victim from drawing up his/her own seat, and committed an indecent act against the victim by force in response to the victim’s entry.

2. On March 2017, at around 21:30, the Defendant forced the victim to commit an indecent act against the victim D, who discovered that the victim was married in his/her ward at the victim D (In other words, 49 years of age) located in the Gun E (the victim was found to be married in his/her ward, brought him/her into the victim’s sexual organ with the victim’s sexual organ, and laid the victim’s knife, and forced the victim to set up his/her knife the victim’s knife by taking the victim’s hand.

Summary of Evidence

1. The defendant's legal statement (as at the third public trial date);

1. Each legal statement of witness B and D;

1. Application of the laws and regulations on police statements made to B and D;

1. Relevant provisions of the Criminal Act and Article 298 of the Criminal Act concerning the selection of punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. An order to provide community service and attend lectures under Article 62-2 of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse against whom an employment restriction order is issued: The poor quality of the crime, the favorable circumstances that the victims did not reach an agreement: The confession of the crime, the fact of the crime, and the fact that there is no previous conviction in the same kind, and the fact that there is no previous conviction in the same kind, the punishment shall be determined as ordered by taking comprehensive account of the defendant's age, sexual behavior, environment, motive, means and consequence of the crime,

When a conviction on a criminal fact in the judgment that is a sex offense subject to registration and submission of personal information becomes final and conclusive, the defendant is a person subject to registration of personal information in Article 42 (1) of the Act on Special Cases concerning the Punishment, etc.