beta
(영문) 인천지방법원 2018.11.22 2018고단7223

강제추행

Text

A defendant shall be punished by imprisonment for one year.

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

At around 03:30 on May 8, 2018, the Defendant: (a) at the house of the Victim C (Inn, 21 years of age) located in the Nam-gu Incheon Metropolitan City B B B B lending, the Defendant Da (in, 20 years of age) where the Defendant was under guard with the Defendant, and (b) when drinking alcohol together with the victim, D used a creb in the toilet between the victim and the victim, D was seated in the bend by using the crebs in the toilet, Da itself, walking the victim’s bucks, walking the victim’s buck, bucking the victim’s entrance by force, and forced the victim to dance in a way that would fit the victim’s entrance.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

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 Children and Juveniles from Sexual Abuse [the defendant has been subject to one-time suspension of indictment due to a violation of the Act on the Protection of Children and Juveniles from Sexual Abuse]; however, in this case, personal information registration alone can expect the effect of preventing recidivism;

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. Employment restrictions;