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(영문) 청주지방법원 2017.12.20 2017고단1601

강제추행

Text

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

However, the execution of punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 13:00 on May 2, 2017, the Defendant was seated on the table in “D cafeteria” located in C, which is located in the Cheongju City, and the victim E (tentative name, 21 years old) who was seated by the Defendant’s table, and the victim’s paper fucks and bucks and bucks are used as above, and the Defendant continued to be seated on the table and bucks of the victim who passed through the Defendant’s table, and continued to be seated on the table, and followed the victim’s buck from the water purifier in the restaurant at the time of locking.

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

Summary of Evidence

Application of the Police Statement Act to Defendant’s legal statement E

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

2. Article 62 (1) of the Criminal Act on the suspension of execution;

3. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommended punishment] The basic area (six months to two years) of compulsory indecent act (the general indecent act committed by force) [the sentence] of category 1 (the decision of June to two years] reflects the defendant's wrong, the primary offender, the defendant's condition of Grade 3 mental disorder and the environment of a person entitled to livelihood benefits, etc. shall be determined in consideration of the following:

Where a conviction of a defendant is finalized on the criminal facts in the judgment that is a sex offense subject to registration and submission of personal information, 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, and is obligated to submit personal information to the relevant agency pursuant to Article 43 of

The personal information shall not be disclosed when comprehensively considering the defendant's age, occupation, risk of recidivism, type, motive, process, seriousness of the crime in this case, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration that can be achieved, the effect of protecting the victim, etc.