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(영문) 수원지방법원 2020.08.20 2019고단3747

강제추행

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 of the final judgment.

Reasons

Punishment of the crime

On January 24, 2019, the Defendant was sentenced to one year of imprisonment or two years of suspended execution by indecent act by force at the Suwon District Court on January 24, 2019 and the judgment became final and conclusive on February 1, 2019.

On 23:12 on 27:01, 2018, the Defendant 23:23:12, and around 21:23:2, around the victim C (at the age of 21, the Defendant 21) walked, and walked the victim’s scam scambucker, and knee and knebbbbbbbbs made the victim’s indecent act by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A report on internal investigation:

1. CCTV images to be cut;

1. Previous records: Criminal records and application of statutes governing judgment;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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 by Order to Provide community service and attend lectures;

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to 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), and Article 59-3(1) main sentence of the Act on Welfare of Persons with Disabilities, 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

In full view of the Defendant’s age, occupation, risk of repeating a crime, content 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 order to disclose or notify personal information, the preventive effect and effect of a sexual crime subject to registration that may be achieved therefrom, and the effect of protecting victims, Article 49 of the Act on the Protection of Children and Juveniles against Sexual Abuse.