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(영문) 의정부지방법원 고양지원 2020.05.12 2020고합41

강제추행등

Text

A defendant shall be punished by imprisonment for not less than eight 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

On September 18, 2019, the Defendant: (a) followed the victim D (n, 27 years of age) who was walking on the street after the front door of the C post office located in Goyang-dong-dong-dong-si B, Goyang-si, Goyang-si, and subsequently prevented the victim from driving on his own side of the victim by using his arms; (b) committed an indecent act by force against the victim by inserting his hand between the victim's bridge, making the victim's sound part of the victim's sound part only three times.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Application of Acts and subordinate statutes to report internal investigation (Evidence Nos. 3, 4, 7, and 8) and investigation report (Evidence List Nos. 12);

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the extenuating circumstances);

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend education

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 against Sexual Abuse [the sentence of imprisonment to the defendant, the registration of personal information, an order to attend school for the treatment of sexual assault, and an order to restrict employment are deemed to have the effect of preventing re-offending. In addition, considering the defendant’s age, occupation, occupation, family environment, social relative relationship, criminal punishment, personal record, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the defendant's disadvantage caused by the defendant’s order to disclose or notify his/her personal information, and the prevention effect of sexual crimes that may be achieved therefrom, no order to disclose or notify the defendant shall be issued to the defendant];

1. Grounds for sentencing under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. The scope of punishment by law: Imprisonment;