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(영문) 창원지방법원마산지원 2020.10.28 2020고단751

강제추행

Text

A defendant shall be punished by imprisonment with prison labor 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

On March 2, 2015, the Defendant: (a) around 12:30 on March 2, 2015, when the Mar. 12, 2015, the Masan Masan Masan-Masan Masan Simcheon-Madang B train was in operation, and (b) 1st and 49th and 19 years old were sitting in the victim’s seat, and (c) took the victim’s photograph, taken the victim’s seat, tried to kid the victim’s face by hand, and tried to kid the victim’s kis, and 2 to 3 times the victim’s chest was forced by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes to report an investigation into the complaint, each train ticket, and guest seat;

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) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Where a conviction on the crime of this case in relation to the registration and submission of personal information under Article 56(1) main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); Article 59-3(1) main sentence of the Act on Welfare of Persons with Disabilities becomes final and conclusive, the Defendant is a person subject to registration of personal information under the main sentence of Article 42(1) of the Act on Special Cases concerning the Punishment,

In full view of the Defendant’s age, occupation, risk of repeating a crime, details and motive of a crime, method and seriousness of a crime, the degree of disadvantage and anticipated side effects to be borne by the Defendant due to an disclosure order or notification order, the preventive effect and effect of a sexual crime subject to registration that may be achieved therefrom, and the protection effect of the victims, etc., Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.