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(영문) 창원지방법원 거창지원 2021.02.10 2020고단210

강제추행

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

Around 22:00 on July 31, 2020, the Defendant committed an indecent act by force on the victim’s left-hand mack, knife, knife, knife, knife, knife, knife, knife, knife, on the left-hand macker, knife, knife, and knife, knife, on the part of the victim, knife, knife, knife, knife, knife, knife, on the part of the victim.

Summary of Evidence

1. Application of each police statement report (Attachment to the 112 Report Processing List) to Defendant’s legal statement C, and application of Acts and subordinate statutes to investigation report (a CCTV analysis installed in a D cafeteria);

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under Article 62(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obligated to provide personal information to the competent agency pursuant to Article 43

In light of the Defendant’s age, occupation, risk of recidivism, details and details of the crime, method and consequence of the crime, seriousness of the crime, crime record, disclosure order or notification order, employment restriction order, etc. comprehensively taking into account the degree and expected side effects of the Defendant’s disadvantage and side effects that may be achieved by the order, prevention and effect of sexual crime subject to registration, effect of protecting the victims, etc., Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1), the proviso to Article 50(1) and the proviso to Article 56(1) of the Act on the Protection, etc. of Children against Sexual Abuse, special circumstances that may not disclose and notify personal information pursuant to the proviso to Article 59-3(1) of the Welfare of Persons with Disabilities Act, and employment.