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(영문) 청주지방법원 2020.02.06 2019고단2393
강제추행
Text

A defendant shall be punished by imprisonment for not less than five 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 August 7, 2019, the Defendant: (a) around 06:00, the Defendant: (b) sold the price to the victim by printing jus and tobacco from the Schlage operated by the victim C (a name) located in Seo-gu, Seo-gu, Seowon-si; (c) committed an indecent act by force against the victim by forcing the victim to commit indecent act by driving the victim’s left chest on one occasion with his own hand, with the victim’s mind that the victim would be able to force by force.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement of C;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the absence of any record of punishment for the same kind of crime, and the fact that the degree of indecent act is not significantly serious);

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend a lecture;

1. In light of the information disclosure order, notification order, and employment restriction order, Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1), the proviso to Article 50(1), the proviso to Article 56(1), the proviso to Article 59-3(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 (the fact that the defendant has no record of punishment for sexual crimes against him/her, it is difficult to readily conclude that the defendant's personal information registration and attending a course of sexual assault treatment alone is likely to have the effect of recidivism, and other benefits and preventive effects expected from disclosure order, etc., and disadvantages and side effects therefrom, the defendant's personal information shall be registered and submitted to the defendant.

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