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(영문) 인천지방법원 2018.12.13 2018고단7813

강제추행

Text

A defendant shall be punished by imprisonment for six 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

At around 02:30 on May 26, 2018, the Defendant forced the victim E (the 55-year old-old) (the 55-year-old), who singing in the singing singing room 2 in Nam-gu Incheon Metropolitan City, to “I will see our society,” and forced the victim to be out of the victim’s sing and panty, to be out of the victim’s body, to suppress other victim’s resistance on the victim’s body, and to talk with the victim’s sound by hand, to keep the victim’s title continuously resisting against the victim, and to “I will die and die,” etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 59 of the Act on the Protection and Observation, etc. of Community Service Orders;

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Child Juveniles [the defendant has no criminal history of the same kind of crime, and in this case, the defendant can expect the effect of preventing recidivism even with the registration of personal information;

In full view of the Defendant’s age, occupation, family environment, social relationship, background of the instant crime, benefits and preventive effects expected by the instant disclosure order or notification order, and disadvantages and side effects therefrom, there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

Supreme Court Decision 201Do16863 Decided February 23, 2012 (see Supreme Court Decision 2011Do163, Feb. 23, 2012)

1. Where the crime of this case is found guilty of the registration of personal information of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is an employment restriction order.