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(영문) 대전지방법원홍성지원 2020.10.27 2020고단739

강제추행

Text

The punishment of the accused shall be four months by imprisonment.

except that the above sentence shall be executed for one year after the judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 12, 2020, at around 09:50 on April 12, 2020, the Defendant committed an indecent act by force against the victim by making the victim’s son use his 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. Application of Acts and subordinate statutes to the police report on the statement of statement to D (at the time of cutting off the CCTV images);

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. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure and Notification Orders; 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 special circumstances in which the disclosure and notification of personal information may not be made, in full view of the Defendant’s age, previous conviction (no same record), environment; the content of the instant crime; the degree of disadvantage the Defendant suffers due to disclosure and notification orders];

1. Where a conviction becomes final and conclusive with respect to a crime of indecent act by force, which is a sexual crime subject to registration and submission of personal information, under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the main sentence of Article 59-3(1) of the Welfare of Persons with Disabilities Act, 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 Crimes

The grounds for sentencing shall be the scope of recommended sentences [the determination of types] according to the sentencing guidelines for the reasons for sentencing.

B. The crime of indecent act by force (the subject of 13 years of age or older) [the first type] mitigation element: Where the exercise of force is considerably weak (the recommended field and the scope of recommendations).