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(영문) 전주지방법원 군산지원 2019.11.22 2019고단1102

강제추행

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

At around 23:00 on December 3, 2019, the Defendant committed an indecent act against the victim by force, such as: (a) the CB club, in which the Defendant was working as awater, and (b) the victim D (the age of 44) who was served as a customer at that club, stating to the effect that “the victim was “the victim of the AB, a person who was employed by the IB, and a person who was employed by the IB,” was “the victim was not the victim,” (b) the victim was able to attract him/her; (c) the victim’s view and breath; and (d) the victim was the victim’s speech that he/she would not respond thereto; (d) the victim continued to be under the influence of the victim; or (e) the victim’s left

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Recording notes and CDs;

1. CCTV screen images of a sports club;

1. Photographs of text messages;

1. Application of the Acts and subordinate statutes on closure photographs;

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 against Order to attend lectures;

1. Social service order under Article 62-2 of the Criminal Act;

1. Grounds for sentencing under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommended sentences according to the sentencing criteria (the determination of types of sex offenses);

(b) The crime of indecent act by compulsion (the person under 13 years of age or older) is [the first type] general indecent act by compulsion [the scope of the recommended field and the recommended range] basic field, six months to two years of imprisonment (the general person under 13 years of age or older];

3. Determination of sentence: The motive, circumstance, and method of the crime for 8 months of imprisonment and 2 years of suspended sentence are very poor, the victim did not agree with or have been used for the crime, and there is a need for strict punishment in light of the defendant's attitude in the investigation process after the crime is committed.

However, this court recognizes and reflects a crime in this court, it has no same criminal records since 2001, and takes into account the age, character and conduct, etc. of the defendant.