beta
(영문) 인천지방법원 2020.11.18 2020고단4604

강제추행

Text

A defendant shall be punished by imprisonment for six months.

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 14:25 on March 20, 2020, the Defendant, within the Bupyeong-gu Incheon Bupyeong-gu, as soon as possible, attempted the victim D (the name of the victim, the 27 years of age) to move in, and contacted the victim's her sexual organ, and attempted the victim to open his sexual organ continuously, and the victim's her sexual organ was closely adhered to the victim's her sexual organ, and the victim's her sexual organ was tightly adhered to the victim's her sexual organ, and the victim's her sexual organ was tightly adhered to the victim's her sexual organ, followed by the victim's her her brightness who was fluened and her boomed immediately after being her flad with the victim's brut.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of Acts and subordinate statutes, such as field photographs, CCTV closure photographs;

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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

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 former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (i.e., the nature of the offender; characteristics of the crime; the characteristics of the crime; the degree of disadvantage and anticipated side effects of the Defendant’s entry due to an order to disclose or notify the information; (ii) the effect of preventing sexual crimes subject to registration; and

1. The records of crimes under Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019), the proviso to Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 59-3 (1) of the Act on Welfare of Persons with Disabilities, and the details of crimes;