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(영문) 청주지방법원 2018.09.19 2018고단73
강제추행등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant, on August 21, 2017, committed an indecent act by force, on the part of the Defendant, parked in the Defendant’s parking lot 02:04, Jincheon-gun B, Jincheon-gun, Jincheon-gun, Jincheon-gun, with his/her own hand, committed an indecent act by force against the victim by taking the chest of the victim D (Win, 20 years of age) known to him/her on his/her own hand.

2. On August 21, 2017, the Defendant violated the Road Traffic Act (unlicensed driving) driven the said K5-car without obtaining a driver’s license from around 30 meters in a section of around 30 meters to the previous parking lot, after moving from the above parking lot to the front parking lot.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. The driver's license ledger;

1. Investigation report (examination result of polygraphs);

1. Application of the Acts and subordinate statutes concerning CCTV-caping outputs;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, Article 298 of the Criminal Act, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act, and the choice of imprisonment, respectively;

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 suspended execution;

1. An order to attend a course under Article 62-2 of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which are subject to employment restriction order: The fact that there are previous convictions, the fact that there is no same kind of criminal record, the degree of indecent act by force is considered not to be much severe, and the fact that the distance of driving without a license is shorter than the above circumstances, the punishment shall be determined as ordered by taking comprehensive account of the defendant’s age, sexual behavior, environment, motive, means, means and consequence, the circumstances before and after the crime, etc.

When a conviction on forced indecent conduct in the judgment that is a sex offense subject to registration and submission of personal information becomes final and conclusive, the defendant is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the head of the competent police agency pursuant to Article 43 of the

order to disclose personal information; or

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