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(영문) 인천지방법원 2018.12.06 2018고단7435

강제추행

Text

A defendant shall be punished by imprisonment for one year.

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

The Defendant is a non-speed who operates the legal party called “C” in Incheon Gyeyang-gu B and B02.

The Defendant around December 2017, to the victim D (V, 45 years of age) on the end of December 2017, “the son still remains in the body of the son, and the body of the son remains in the body of the son. If the son does not remove the son’s marriage, the son’s body continues to do so.

”라고 하며 피해자를 위 법당 안으로 데리고 가 피해자로 하여금 속이 비치는 저고리와 속치마로 옷을 갈아입게 하고 피해자에게 “ 아기가 태어나면 애가 젖을 먹으니 이상하게 생각하지 말 아라, 아기가 자궁에서 나오니까 치마를 올리고 다리를 벌리고 누워 라. ”라고 말한 후 살풀이용 도구인 붓을 이용하여 피해자의 몸을 쓸어내리고, 갑자기 입으로 피해자의 가슴을 빨고 음부를 핥는 방법으로 피해자를 강제로 추행하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 59 of the Act on the Protection and Observation, etc. of Community Service Orders;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 62-2 of the Criminal Act;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles’ Sex Offenses [the defendant has no record of committing the same offense, and in this case, the defendant can expect the effect of preventing recidivism even with the registration of personal information;

The defendant's age, occupation, family environment, social relationship, the background of the crime of this case, and profits and preventive effects expected by the disclosure order or notification order of this case, and the result thereof.