beta
(영문) 대전지방법원 2020.04.10 2019고단4810

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

On October 15, 2019, around 23:10 on October 23:10, 2019, the Defendant got off the victim’s own hand and opened a part of the victim’s sound part once by extending the part of the victim’s hand into the part of the Daejeon Pungdong C and the third floor D, operated by the victim B (the 33 years of age).

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of B (tentative name) and E;

1. Application of Acts and subordinate statutes to report on investigation (report on hearing statements by victim and telephone recording);

1. Article 298 of the Criminal Act applicable to the crime, the choice of imprisonment

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

1. Article 62-2 of the Criminal Act; Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Article 56(1) main sentence of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); Article 59-3(1) main sentence of the Act on Welfare of Persons with Disabilities; Article 59-3(1) of the Act on Welfare of Persons with Disabilities; Article 59-3(1) of the Act on Welfare of Persons with Disabilities, the Defendant expressed a brut view by stating that “the victim who committed an indecent act is snick snick, snick snick,” and the victim was not taken advantage of the victim; provided, however, the Defendant did not have the ability to take advantage of the fact that there was no criminal history of the Defendant, the Defendant’s age, character and conduct, family relationship, motive, means and consequence of the crime; and the circumstances after the crime, etc.,

Where a conviction becomes final and conclusive on a criminal fact in the judgment that is subject to registration and submission of personal information, 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 submit personal information to the relevant agency pursuant to

The defendant's age, occupation, risk of recidivism, type of crime, motive, process of crime, exemption from disclosure order and notification order.