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(영문) 의정부지방법원 고양지원 2019.09.26 2019고단1526
준강제추행
Text

A defendant shall be punished by imprisonment for one year.

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 around 2010 when the victim B (n, 23 years of age) was a middle student, the defendant was placed in a situation where protection is required due to the divorce, etc. of the victim-friendly parent, and was entrusted by the plenary and foster home supporting center to rear the victim. The victim became an adult and had the victim reside independently on January 2019.

At around 02:00 on May 6, 2019, the Defendant opened a string between the victims who sleepd, and opened a string at the small room of the Defendant’s residence located in Gyeonggi T, and opened a string with the victim’s clothes, and opened the breast part with the victim’s clothes, and opened the string part of the victim as soon as possible.

Accordingly, the Defendant committed indecent acts by taking advantage of the victim’s mental or physical state of difficulty.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement No. B

1. Article 299 of the Criminal Act and Articles 299 and 298 of the Criminal Act, the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act;

1. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service Order and Order to Attend Courses

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the age, occupation, risk of repeating a crime, type and motive of the crime in this case, type of the crime in this case, process, disclosure or notification order, the degree of disadvantage and anticipated side effects of the defendant's entry due to the crime in this case, the prevention of sex crimes subject to registration that may be achieved due to such order, and the effect of protecting the victims, etc

1. The proviso to Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Addenda to the Act on Welfare of Persons with Disabilities, which is exempted from an employment restriction order;

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