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(영문) 인천지방법원 2019.06.27 2019고단2076
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 March 7, 2019, the Defendant: (a) around 04:18, at the main point of “C” located on the Bupyeong-gu, Incheon, Bupyeong-gu B and the first underground floor; (b) reported the victim D (23 years old), who was drunk and flowed down to the table, and was sitting in a letter facing the victim, her face with the victim, her hand, and was faced with the victim’s entrance; (c) continued to move the victim to the next place of the victim; and (d) moved the victim’s breast.

Accordingly, the defendant committed indecent acts against the victim by taking advantage of the victim's mental or physical state of difficulty.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Reports on internal investigation (Statement of Witnesses E);

1. Application of Acts and subordinate statutes to a report on investigation (to reproduce and cut CCTV at a pan-down place), a report on investigation (to confirm CCTV images and to specify the date and time of crimes);

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. Where a judgment becomes final and conclusive on the obligation to register and submit personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused is 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 the accused is obligated to submit personal information to a competent

In full view of the Defendant’s age, occupation, risk of recidivism, type and motive of the instant crime, process of the instant crime, disclosure order, and employment restriction order, the degree and expected side effects of the Defendant’s disadvantage, the prevention of the sex offense subject to registration, the effect of the victim protection, and the possibility of preventing recidivism, etc., the disclosure and notification of personal information or the issuance of the employment restriction order shall not be ordered to a child or juvenile-related institution, etc., on the ground that there are special circumstances where the Defendant may not disclose or notify personal information or order the employment restriction to a child or juvenile-related institution, etc.

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