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(영문) 수원지방법원 평택지원 2020.01.30 2018고단1632
준강제추행
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On August 16, 2018, at around 20:00, the Defendant opened a visit from the victim E (so, name, and age 45) located in Pyeongtaek-si B, and discovered that the victim was able to sleep on the floor, included the victim's hand in his clothes, and met the chest of the victim.

Accordingly, the defendant committed an indecent act against the victim by taking advantage of the victim's refusal to resist.

Summary of Evidence

1. Partial statement of the police interrogation protocol of the accused;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Articles 299 and 298 of the Criminal Act concerning criminal facts, the choice of imprisonment

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

1. Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the Order to Attend the Course is six months or more to two years, and the sentencing guidelines does not significantly focus on the defendant's indecent act, and the defendant has no criminal records or records of the same kind that exceed the fine shall be taken into account.

Where a conviction becomes final and conclusive on the criminal facts in the judgment that are subject to registration and submission of personal information, the accused 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 competent agency pursuant to Article

In full view of the Defendant’s age, occupation, risk of recidivism, motive of the instant crime, method of committing the instant crime, seriousness of the consequence and crime, disclosure order, notification order, employment restriction order, etc., the degree and anticipated side effects of the Defendant’s disadvantage and the prevention and effect of sexual crimes subject to registration that may be achieved therefrom, 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 Children and Juveniles against Sexual Abuse, the proviso to Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse.

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