beta
(영문) 의정부지방법원 고양지원 2020.05.26 2019고합307

강제추행등

Text

A defendant shall be punished by imprisonment for not less than eight 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 01:30 on May 24, 2019, the Defendant committed an indecent act by force on the part of the victim D (L, 28 years of age) who was waiting to make settlement prior to the 1st floor C's calculation unit of the B 1st floor at Pakistan.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. 112 Notification to a department related to the report of the case;

1. Application of CCTV-related Acts and subordinate statutes;

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 extenuating circumstances);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 16 (4) and (4) of the Act

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 Act on the Protection of Children and Juveniles against Sexual Abuse [the sentence of imprisonment with labor, the registration of personal information, probation, an order to attend school for the treatment of sexual assault, and an order to restrict employment are deemed to have an effect to prevent re-offending even. In addition, considering the Defendant’s age, occupation, occupation, family environment, social relationship, social relationship, criminal punishment, disclosure or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s disadvantage due to the order to disclose or notify the Defendant’s personal information, and the prevention effect of sexual crimes that may be achieved therefrom, it is determined that there are special circumstances in which the disclosure or notification of the Defendant’

1. Determination as to the assertion by the accused and the defense counsel 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 Welfare of Disabled Persons Act (Act No. 15904, Dec. 11, 2018), the main sentence of Article 59-3(1) of the Act

1. Summary of the assertion

A. The defendant is the victim.