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(영문) 인천지방법원 부천지원 2020.02.12 2019고단3135
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

The defendant is the victim B (the name, leisure, 44 years old) who is a visiting inspector at his house, who is a staff member of the visiting inspector at his house, one time at the time of the inspection at the residence.

On April 16, 2019, at around 10:0, the Defendant: (a) committed an indecent act against the defective victim who intends to get an apartment after completing a check at the time of the Defendant’s residence; (b) took the body towards the front door and the PE electronic apparatus into the front door; (c) took the front door back of the victim’s own right door; and (d) taken the victim’s name into the front door with the victim’s right door, and led the victim to the front door of the Defendant.

Accordingly, the defendant committed indecent acts by force against the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The written statement made by the police against B;

1. Investigation report by the prosecution (to hear statements by a victim's telephone and report);

1. Application of Acts and subordinate statutes to police internal investigation reporting ( Apartment CctV verification);

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 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. In full view of the following circumstances: Article 47(1) and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information; Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (see, e.g., the Defendant’s age, social ties, risk of repeating a crime; benefits and preventive effects expected from an order to disclose or notify registered information to the Defendant; and disadvantages and side effects

1. Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018) and the reason for sentencing under the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities.

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