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(영문) 인천지방법원 2019.02.13 2018고단8840

준강제추행

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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

On June 29, 2018, at around 01:06, the Defendant discovered that the victim C (the name, the 20 years of age, the 20) was under the influence of alcohol in front of the building located in Gyeyang-gu Incheon, Gyeyang-gu, Incheon, followed by his mind to force the victim to commit an indecent act, and followed by the victim, etc., and got off his her fright, and got off his her fright, and met with his son’s chest, and her son was her hand, and her son was her son, and then her son, the son, the son, the son, the son, the son, etc. was her hand, and the son, the son, the son, the son, the son, etc. was her hand.

Accordingly, the defendant committed an indecent act against the victim by taking advantage of the victim's mental condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the police statement made to C (alias);

1. Relevant Articles of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the crimes;

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. Where a judgment becomes final and conclusive on the duty to register and submit personal information under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse of Employment Order, the accused 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, and the accused is obligated to submit personal information to

In full view of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, seriousness of the crime in this case, the degree of disadvantage to the Defendant’s entrance due to an order of disclosure or notification, the preventive effect of sexual crime subject to registration that may be achieved therefrom, the effect of protecting the victim, etc., the Defendant shall be subject to the proviso of Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.