logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 2019.07.11 2019고단941
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 December 25, 2018, the Defendant: (a) calculated the drinking value in D operated by the Victim C (A, who is 56 years of age) located in Cheongju-si, Cheongju-si on December 25, 2018, committed an indecent act by coercioning the victim’s left chest by releasing out his/her own left hand; and (b) releasing his/her left chest.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes of diagnosis, investigation report, and evidence (USB);

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

1. Taking full account of the following factors: (a) an order to disclose information on the Defendant to the public, an order to notify, and an order to restrict employment of the Defendant; (b) Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from such order; (c) the proviso to Article 49(1); Article 50(1) proviso to Article 56(1); (d) of the Addenda to the Welfare of Disabled Persons Act (Act No. 15904, Dec. 11, 2018); and (d) Article 59-3(1) proviso to the Welfare of Disabled Persons Act (applicable to the Defendant’s sexual crime; (e) it is difficult to readily conclude that the Defendant’s personal information on the Defendant appears to have the effect of preventing recidivism; and (e) any other benefit expected by such disclosure order, disadvantage, side effect, etc.; and (e) the Defendant’s personal information related to employment of a child or juvenile should not be disclosed or notified to the Defendant.

arrow