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(영문) 대전지방법원 천안지원 2020.06.05 2019고단2891
강제추행
Text

A defendant shall be punished by imprisonment for six 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

Around May 21, 2019, the Defendant: (a) entered the Defendant’s residence in Asan City B, and (b) entered the Defendant’s family in the next domicile in Asan City, A.S., and (c) “in the course of coffee, the Defendant had a sexual intercourse with the Dominant of Catus”; and (b) entered the victim’s family in the same place, “a dial defect” and “a dial defect”, and kid into the victim’s chest with both hands, and forced the victim to commit an indecent act.

Summary of Evidence

1. The defendant's partial statement in the second protocol of trial;

1. C’s legal statement;

1. Application of the statutes governing forwarding of a list of reported cases 112;

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 on the suspended execution (the same type of crime shall not apply);

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. Where a conviction becomes final and conclusive with respect to a crime of indecent act by compulsion, which is subject to registration and submission of personal information under Article 47(1) and the proviso to Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an disclosure order and a notification order, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, occupation, risk of repeating a crime, details and motive of the crime, method and seriousness of the crime, the degree and anticipated side effects of the disadvantage the Defendant may sustain due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration which may be achieved thereby, and the effect of protecting the victims thereof, 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 the Defendant is obligated to submit personal information

The reason for sentencing is the age of the defendant.

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