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(영문) 인천지방법원 2019.06.12 2019고단1880

강제추행

Text

A defendant shall be punished by imprisonment with prison labor 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 14, 2018, around 02:50 on October 14, 2018, the Defendant discovered the victim D (25 years old) who sits in front of a female toilet while drunk, she was able to sit together with a seat of a female toilet, put the victim’s shoulder with his own hand, her face toward the Defendant, put the victim’s face on both hand, and forced the victim to commit an indecent act.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of D;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

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 against Order to attend lectures;

1. Where a judgment on the duty to register and submit personal information under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse 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 is obligated to submit personal information to a competent agency pursuant to

An order for disclosure or notification shall not be issued to the accused pursuant to 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) and the proviso to Article 50(1) of the Act on the Protection 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, the degree of disadvantage the accused is affected by the order for disclosure or notification, the effect of preventing sexual crimes subject to registration that may be achieved therefrom, the protection of the victim, etc.

Reasons for sentencing

1. The sentencing criteria (the determination of types) (the general criteria for sex offenses);

B. The crime of indecent act by compulsion (the 13 years of age or older) [the 1st type] general indecent act by compulsion (the person in a special form): The mitigated element: the punished source (the scope of the recommended field and the recommended range).