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(영문) 인천지방법원 부천지원 2019.05.29 2019고단233
강제추행
Text

A defendant shall be punished by imprisonment for six 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 November 18, 2018, at around 01:12, the Defendant committed an indecent act by force by force, on two or three occasions, on the part of the victim E (the age of 24) who sits on the left-hand side of the bus at the end of the bus in the bus No. C (D) which passed ahead of 01:12, 2018.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Statement of the police officer in relation to E (F) ;

1. A prosecutorial investigation report (part of CCTVs inside buses) and data to be attached thereto;

1. Reports on internal investigation (verification of CCTV images) and investigation reports (Analysis of CCTV images at the time of committing a crime);

1. Application of the Acts and subordinate statutes concerning photographic data of CCTV images at the time 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. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service Order and Order to Attend Courses

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, 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 age, occupation, risk of repeating a crime, type and motive of the crime in this case, type of the crime in this case, process, disclosure or notification order, the degree of disadvantage and anticipated side effects of the defendant's entry due to the crime in this case, the prevention of sex crimes subject to registration that may be achieved due to such order, and the effect of protecting the victims, etc

1. Grounds for sentencing under Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Scope of punishment by law: Imprisonment with prison labor for not more than ten years;

2. Scope of recommendations according to the sentencing criteria: Imprisonment with prison labor for not less than six months to not more than two years (decision of a type): General standards for sex crimes;

B. The target of the crime of indecent act by compulsion (the 13-year old or over) is the recommended field of general indecent act by compulsion.

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