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(영문) 춘천지방법원 영월지원 2019.01.29 2018고단444
강제추행
Text

A defendant shall be punished by imprisonment for one year.

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

1. On August 22, 2018, the Defendant: (a) around 15:00 on August 22, 2018, the victim C (n, 59 years old) who was aware of fright in the B sperm’s neighboring wooden net; (b) was skid with the victim’s shoulder, and skid against the victim’s shoulder; (c) kids the victim’s face; (d) kids the victim’s chest by hand; and (e) kids the victim’s chest by hand.

2. On August 22, 2018, the Defendant: (a) 19:30, when he was seated with the said victim at the sperm located in Thai City D, he saw the victim in his house; (b) saw the victim’s body from his own rear to his hand; (c) kids the victim’s chest; and (d) committed an indecent act against the victim’s her sexual organ on the victim’s her her mack.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution against C;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 298 of the Criminal Act and the choice of punishment for the crime, Article 298 of the Criminal Act and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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 against Order to attend lectures;

1. Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order, notification order, and employment restriction order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, is difficult to readily conclude that the Defendant has no record of punishment for sexual crimes, and thus, the risk of recidivism or recidivism of sexual violence is difficult. In light of all the circumstances such as the Defendant’s age, family environment, social relationship, etc., the Defendant’s personal information registration and participation in the treatment of sexual assault can be deemed to have an effect of preventing recidivism.

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