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(영문) 수원지방법원여주지원 2020.08.21 2020고단601

강제추행

Text

A defendant shall be punished by imprisonment for six 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

1. At around 15:20 on January 7, 2020, the Defendant committed an indecent act by force against the victim, who is an employee of the said golf driving range, by taking aground against the shoulder of the victim D (a woman and a pseudonym), who is aground, and by using the victim's face.

2. On January 15, 2020, the Defendant, at the same place as the preceding paragraph on January 16:10, 202, committed an indecent act by force against the victim by leading the victim to his/her exercise hall, leading him/her to his/her shoulder.

Summary of Evidence

1. Investigation report on the part of the defendant's legal statement by force (familating CCTV images at the site of indecent act by force);

1. Application of Acts and subordinate statutes to the results of the reproduction of CCTV images by each written statement of D with respect to each written statement of D;

1. Article 298 of the Criminal Act applicable to the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Violence Crimes against community service orders and orders to attend lectures;

1. Where a conviction becomes final and conclusive with respect to the facts constituting a sex crime subject to registration without disclosing or notifying the personal information of the accused, in full view of various circumstances, such as the age, character and conduct, environment, social relation, risk of recidivism, benefits and preventive effects expected due to the disclosure order and notification order of this case, and disadvantages and side effects, etc., of the crime subject to registration under Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes subject to Exemption from Employment Restriction Orders, 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 of Children and Juveniles against Sexual Abuse (the defendant's age, character, and environment, social relationship, risk of recidivism, the disclosure order of this case, and the disclosure order of this case, and adverse effects, etc.