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(영문) 인천지방법원 2018.11.22 2018고단4452
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. On December 2017, the Defendant, at the D office located in Bupyeong-gu Incheon Bupyeong-gu, Incheon, Bupyeong-gu, 2017, committed an indecent act by force against the victim by stating that “Isk, kis, kis, kis, kis, kis,” while talking with the victim E (the age of 51).

2. On December 2017, 2017, the Defendant spared the victim who was working for one’s own arms at the place specified in paragraph 1 at the end of the morning, and “the victim shall have no chest.”

“Indecent act by force against the victim”.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Relevant Article 298 of the Criminal Act, the choice of punishment, and the choice of imprisonment for a crime;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

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 Act on the Protection of Children and Juveniles’ Sex Offenses [the defendant has the same criminal records once, but in this case, the defendant can expect that the registration of personal information alone would prevent recidivism;

In full view of the Defendant’s age, occupation, family environment, social relationship, background of the instant crime, benefits and preventive effects expected by the instant disclosure order or notification order, and disadvantages and side effects therefrom, there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

Supreme Court Decision 201Do16863 Decided February 23, 2012 (see Supreme Court Decision 2011Do163, Feb. 23, 2012)

1. Where each of the crimes in this case committed the registration of personal information under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse against whom an employment restriction order is issued becomes final and conclusive.

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