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(영문) 청주지방법원 2018.11.01 2018고단983

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)등

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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

"2018 Highest 983"

1. Around 05:00 on March 1, 2018, the Defendant discovered the victim D (e.g., 52 years of age, 1) who was divingd within a soup room of “C” located in Seocho-gu, Seocho-gu, Cheongju-si, and committed an indecent act against the victim at a place where the victim’s left side was released on one occasion by hand, leading the victim to an indecent act against the female.

"2018 Highest 1323"

2. On May 20, 2018, at around 04:35, the Defendant discovered that the victim E (n, 47 years of age, and Ga) was locked in the “C” room located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Cheongju, and found that the Defendant was able to do so, and that the victim was able to do so by hand in the side of the victim.

Accordingly, the defendant committed an indecent act against the victim by using the victim's resistanceable condition.

Summary of Evidence

"2018 Highest 983"

1. Statement by the defendant in court;

1. Protocol of the police statements made to D "2018 Highest 1323";

1. Statement by the defendant in court;

1. Statement made by the police with respect to E [before judgment: Application of a reply to inquiry, such as criminal history, investigation report (in relation to attachment of a written opinion on the same crime), investigation report (in relation to attachment of a criminal suspect's previous record accompanied by a summary order)];

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on the Punishment, etc. of Sexual Crimes, Articles 299 and 298 of the Criminal Act, and the selection of imprisonment, respectively, concerning the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Protection and observation, orders to attend lectures and orders to provide community service, Article 62-2 of the Criminal Act, Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is an employment-restricted order;

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, and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse (the Defendant’s age, occupation, family environment, social ties, criminal record, and risk of recidivism, and the disclosure order and order of this case.