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(영문) 창원지방법원통영지원 2020.08.12 2020고단138
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 becomes final and conclusive.

Reasons

Punishment of the crime

Around 00:50 on December 2, 2019, the Defendant committed an indecent act against the victim by force by putting the victim’s shoulder with his left hand by using the gap in paying the card in D’, which is operated by the victim C (the 41 years of age, the 41 years of age, and the 41 years of age).

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to C by the police;

1. E statements;

1. Application of Acts and subordinate statutes to report internal accidents (Attachment of CCTV images at the scene of crime);

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

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 on the facts constituting the crime indicated in the judgment on the registration of personal information in accordance with Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant is a person subject to registration of personal information in accordance with Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the obligation to submit personal information to

Reasons for sentencing

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommended sentences according to the sentencing criteria (the determination of types of sex offenses);

(b) The crime of indecent act by compulsion (the person under 13 years of age or older) [the first type] general indecent act by compulsion (the person under special form): The mitigated element of punishment (the area of recommendation and the scope of recommended punishment), mitigated range of punishment, one month to one year of imprisonment;

3. Determination of sentence: Ten months of imprisonment with prison labor, two years of suspended sentence, the fact that the defendant agreed with the victim and is against the victim, and the degree of indecent conduct in each judgment, the age, character and conduct, environment, and motive and crime of the instant crime.

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