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(영문) 인천지방법원 2020.01.15 2019고단7715

강제추행

Text

A defendant shall be punished by imprisonment with prison labor for four months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On October 11, 2019, at around 01:10, the Defendant discovered the victim C (here, 30 years of age) returning home on the street near the Bupyeong-gu Incheon Bupyeong-gu B apartment, and was able to commit an indecent act against the victim. At around 01:16 on the same day, the Defendant, while driving away from the victim, was able to drive the victim, at the victim’s hand, who is subject to the joint signature password at the 1st floor parking lot in the same Gu D, the Defendant saw the victim’s her knife at one time.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Previous convictions in judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes (the confirmation of crimes during the period of criminal records and suspension of execution of the same kind of suspect);

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Where a judgment on the duty to register and submit personal information pursuant to 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 Act on Welfare of Persons with Disabilities becomes final and conclusive, the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus,

An order to disclose or notify the accused under the proviso to Article 50(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 the Protection, etc. of Children and Juveniles against Sexual Abuse, comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, type, motive, process, seriousness of the crime in this case, degree and effect of disadvantage to the accused accused due to the order to disclose or notify, the effect of preventing sexual crimes subject to registration that may be achieved therefrom, and the effect of protecting the victims thereof, etc.