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(영문) 창원지방법원 마산지원 2020.03.25 2019고단1215
강제추행
Text

A defendant shall be punished by imprisonment for not less than eight 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

On September 27, 2019, the Defendant: (a) on the street in front of the two-line store C in Changwon-si, Changwon-si, the Defendant: (b) on September 27, 2019; (c) on the street in front of the two-line store C in Changwon-si, the victim D (the name of the victim, the 26-year old age) was fright and boomed to commit an indecent act against the victim; (d) followed the victim, she kidd the victim by both descendants from the rear of the victim; and (e) continued to put the knick hand into the front bridge of the victim; (e) put the left hand into the front bridge after the end of the victim

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A summary of the 112 reported case processing table and of evidence of investigation report (CCTV video confirmation and attachment of criminal photograph);

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;

1. Social service order under Article 62-2 of the Criminal Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Where the registration of personal information and the conviction of the accused against whom an employment restriction order is issued is finalized under Article 56(1) main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to the Welfare of Disabled Persons Act (Act No. 15904, Dec. 11, 2018), the main sentence of Article 59-3(1) of the Act on Welfare of Disabled Persons, 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

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes shall comprehensively take into account the Defendant’s age, occupation, content and motive of the crime, method of the crime, seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims thereof.

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