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(영문) 대전지방법원 천안지원 2020.05.08 2019고단2862

강제추행

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 15, 2019, around 23:10 on October 23:10, 2019, the Defendant requested the victim C (the 30-year-old age) to telephone numbers in the elevator of the elevator of the west-gu B building in the Western-gu, Westernly committed an indecent act on the part of the victim's left chest.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes concerning visual recording of field CCTV;

1. Article 298 of the Criminal Act applicable to the crime, the choice of imprisonment

1. Article 62 (1) of the Criminal Act;

1. Where a conviction becomes final and conclusive on the facts constituting an offense indicated in the decision on the registration of personal information as to Article 16(2) proviso of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (in cases where communication in Korean is not smooth, and it is difficult to expect the effectiveness of education and the prevention of recidivism), 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,

Article 47(1) and Article 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, the proviso to Article 50(1), the proviso to Article 56(1), and the proviso to Article 59-3(1) of the Welfare of Disabled Persons Act, comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, details and motive of the offense, process of the offense, disclosure order, anticipated side effects of the Defendant’s disadvantage due to the order of disclosure, the prevention of the sex offense that may be achieved therefrom, and the effect of protecting the victims thereof, etc.

Article 51 of the Criminal Code for the reason of sentencing was considered.