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(영문) 청주지방법원 2018.10.11 2018고단1129

강제추행

Text

A defendant shall be punished by imprisonment with prison labor for four 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 February 2, 2018, the Defendant 16:0 to 17:00, at the house of Heakdong-gu C located in Heakdong-gu B during the period of Cheongju-ju, said that the Defendant she would come up next to the victim D (n, 39 years old) who is a convict of C during the period of drinking with C, while drinking with C, and made the victim her kisck to her kis, and continued to her kisck to her hand, and contacted the victim with the view of the victim.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each written statement of D and E;

1. Report on the occurrence of a case subject to forced indecent conduct and the application of Acts and subordinate statutes on investigation report (in cases where the date and time of crime is not specified, investigation);

1. Article 298 of the Criminal Act and the choice of punishment for the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 16 (2) through (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed by Order to Provide community service or attend lectures;

1. The proviso to Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the age, family environment, and social ties of the defendant, records of the crime, details and motive of the crime, method of committing the crime, result of the crime, risk of recidivism, etc. of the defendant exempted from the employment restriction order shall not be subject to employment restriction in light of special circumstances;

[Determination]

1. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, profits and preventive effects expected due to the instant disclosure order and notification order, disadvantages and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

The facts of the crime in the judgment, which is a sex offense subject to registration and submission of new information.