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(영문) 대전지방법원 천안지원 2021.01.22 2020고단2999
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, at around 02:00 on July 9, 2020, committed an indecent act by force against the victim, on the part of “C” located in Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Da, the victim E (the age of 21), and the victim E-gu F, who was seated next to the victim while drinking alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the investigative report (verification of CCTV for suspect A)-related Acts and subordinate statutes;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Where a judgment of conviction against a defendant on the criminal facts stated in the judgment that he/she should register and submit personal information under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is finalized, the defendant becomes 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 a related

In full view of the Defendant’s age, family environment, social relationship, occupation, and consequence of the instant crime, social interest expected by an order of disclosure notification and employment restriction, the effect of preventing sexual crimes, and adverse effects on the Defendant’s disadvantage and anticipated side effects, etc., the Defendant may not issue an order of disclosure, notification, and employment restriction to the Defendant pursuant to Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) of the Act on the Protection, etc. of Juveniles against Sexual Abuse, the proviso to Article 50(1), the proviso to Article 56(1), the proviso to Article 59-3(1) of the Welfare of Persons with Disabilities Act, and the proviso to Article 59-3(1) of the Welfare of Persons with Disabilities Act.

The punishment shall be determined as per the order, comprehensively taking into account all the conditions of the sentencing shown in the records, such as the defendant's age, sex, environment, and circumstances after the crime.

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