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(영문) 인천지방법원 2019.08.28 2019고단4012

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 8, 2019, at around 08:45, the Defendant committed an indecent act against the victim by forcing him/herself to commit an indecent act against the victim at the “D” restaurant operated by the victim C (Inn, 57 years of age) in Michuhol-gu Incheon, Incheon. In order to prepare for the business, the Defendant committed an indecent act against the victim by forcing him/herself to commit an indecent act against the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police protocol law to C

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 becomes final and conclusive on the duty to register and submit personal information pursuant to Article 56(1) main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018) and Article 59-3(1) main sentence of the Act on Welfare of Persons with Disabilities, 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

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) is [the 1st type] general indecent act by compulsion (the 1st type).