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(영문) 전주지방법원 정읍지원 2020.01.30 2019고단466
강제추행
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Under the influence of alcohol around 1:20 on August 7, 2019, the Defendant: (a) reported that the victim D was soon in the territory of “C” located within “C” located within the city of Jung-gu, Jeollabuk-do; and (b) committed an indecent act by force against both chests of the victim D by double descendants, such as Agrma, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police of each victim and witness;

1. Copy of the written statement;

1. A report on the arrest of a suspected flagrant offender by indecent act;

1. 112. List of reported cases;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to field photographs, etc.);

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

1. Where a judgment of conviction of imprisonment is finalized with respect to the crime of the crime of the crime of the crime of the crime of the registration of personal information under Article 62 (1) of the Criminal Act during a suspended execution, the defendant constitutes a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obliged

It is difficult to expect that the exemption of the defendant from the order to attend a lecture has a low effectiveness of diagnosis, counseling and education due to dementia due to the age of the defendant, and it is also difficult to expect the effectiveness of recidivism prevention.

Since it is deemed that there are special circumstances in which an order to attend a course cannot be imposed on the accused, an order to attend a course may not be issued to the accused pursuant to the proviso to Article 16 (2) of the Act on Special Cases

In full view of the Defendant’s age, occupation, family environment, social relationship, criminal record and risk of recidivism, motive for committing the instant crime, method and result of the instant crime, disclosure order, notification order and employment restriction order, the degree and anticipated side effects of the Defendant’s disadvantage and anticipated side effects, the prevention of sex crimes subject to registration that may be achieved therefrom, and the effect of protecting victims, etc., personal information shall be personal information.

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