beta
(영문) 수원지방법원 2019.07.04 2019고합184

강제추행

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 28, 2018, the Defendant committed an indecent act against the victim by forcing the victim to use his/her her son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to D;

1. E statements;

1. Application of Acts and subordinate statutes recording CDs, such as Ccafeteria CCTV data;

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 (The following extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation and Order to Attend Courses;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Children and Juveniles against Sexual Abuse, 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 (the imposition of an order to attend a probation order and an order to attend a sexual assault treatment course against the accused, the registration of personal information alone appears to have the effect of preventing re-offending, taking into account the health conditions of the accused in need of continuous medical treatment for the military beyond alcohol dependence, and taking into account the Defendant’s age, family environment, the background of the instant crime, the process of the instant crime, the seriousness of the crime, the seriousness of the crime, the anticipated side effects of the crime, and the preventive effects of sexual crimes that can be achieved therefrom, it is deemed that there are special circumstances where the Defendant’

1. The conviction of a sex offense subject to registration of personal information under the 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) of the Act on Welfare of Persons with Disabilities shall be based on the judgment