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(영문) 인천지방법원 2020.09.23 2020고단3342
강제추행
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

On March 28, 2020, at around 03:00, the Defendant: (a) followed the victim D (V, 27 years of age) waiting to wait for a reduction of access; (b) made indecent act by compulsion of the victim’s sexual flag on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Report on internal investigation by the police on D's statement, and application of the Acts and subordinate statutes on the site and CCTV image leakage photographs;

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

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. 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 former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (where special circumstances exist in which a criminal suspect may not disclose or notify his/her personal information when comprehensively considering the characteristics of the criminal suspect, characteristics of the criminal act, the degree and anticipated side effects of his/her disadvantage due to an order to disclose or notify information; the effects of preventing sexual

1. To register and submit personal information to the accused in light of Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019), the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities (i.e., criminal records, the content and motive of the crime, the method and consequence of the crime, the risk of recidivism, the disadvantage of the accused resulting from the employment restriction order, and the effect of preventing the sex crime that may result therefrom).

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