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(영문) 창원지방법원통영지원 2020.12.23 2020고단1034

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 July 30, 2020, the Defendant 13:10 on July 30, 2020, on the front side of the building B at macroscam, she scam and walked, she scam to drinked the victim C (the 19-year old age), and she scamed, she scam to cover the victim’s hand, and walk together with the victim’s left hand, she scam to cover the victim’s hand, with the victim’s left hand, and she walk together with the victim’s hand. The victim scam to leave from the Defendant, while she continued to walk or walk away from the Defendant, she scam on the left side of the victim’s hand, and she scamed with “I am to scam several scams,” and she forced the victim’s left side of the victim’s hand, and she she scam to 3:4 of the same day.

Summary of Evidence

1. Application of the police's protocol of statement C to the defendant's partial statement

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. In full view of the following: (a) Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders and Notification Orders; (b) the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant is the primary offender); (c) the background and result of the instant crime; (d) the Defendant’s age, occupation, environment, family relationship, social relationship, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s injury due to the Defendant’s age, occupation, family relation, social relation, disclosure order or notification order; (d) the preventive effect of sexual crimes subject to registration that may be achieved; and (e)