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(영문) 창원지방법원통영지원 2020.08.12 2020고단409
강제추행
Text

A defendant shall be punished by imprisonment for not more than ten 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 29, 2020, at around 02:0, the Defendant, in front of the CB in Yong-si, Yong-gu, Si, Gyeongnam, drinking the victim D (n, 20 years of age) who was divingd from his stairs under the influence of alcohol, was able to force by force, and the victim was able to fright the victim's body with the victim's finger hand, cut off the victim's chest, cut back the victim's chest toward the defendant, cut down the victim's chest toward the defendant, cut down the victim's chest on two occasions. The Defendant intending to move the defendant's place of damage to the victim, stating, "I am well fright at the off house." The Defendant saw the victim's arms to get off the victim's view, and brought the victim to the view of the victim.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on investigation reports (CCTV images and related 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;

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. Where a conviction becomes final and conclusive on the facts constituting the crime indicated in the judgment on the registration of personal information in accordance with Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant is a person subject to registration of personal information in accordance with Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the obligation to submit personal information to

Reasons for sentencing

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommended sentences according to the sentencing criteria (the determination of types of sex offenses);

B. The crime of indecent act by compulsion (the 13 years of age or older) is [the 1st type] general indecent act by compulsion (a special person): Punishment is not to be imposed.

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