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(영문) 인천지방법원 2020.10.21 2020고단7463
준강제추행
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

At around 03:00 on February 13, 2020, the Defendant found the victim C (name, fel, 37 years old) in the Seo-gu Incheon, Seo-gu, Incheon, as a customer, and performed drinking together with the victim who is a business owner. In the influence of alcohol, the victim under the influence of alcohol was her home home to the defendant, and the victim was her home home to the kitchen, and her home to the kitchen, and her breast was her chestd with his hand over about 20 minutes.

Accordingly, the defendant committed indecent acts against the victim by taking advantage of the victim's non-performance situation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the prosecution against C (tentatively named);

1. Application of Acts and subordinate statutes to a report on investigation (report on the confirmation of CCTV data), a report on investigation (report on the review of special injury cases by suspect), and a copy of separate records;

1. Article 299 of the Criminal Act and Articles 299 and 298 of the Criminal Act, the choice of imprisonment for a crime;

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 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 an order to disclose or notify information; the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (i.e., the nature of the offender; characteristics of the crime; the characteristics of the crime; the degree of disadvantage and anticipated side effects of the Defendant’s entry due to an order to disclose or notify the information; (ii) the effect of preventing sexual crimes subject to registration; and

1. The crime committed under Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019), the proviso to Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 59-3 (1) of the Act on Welfare of Persons with Disabilities, and the crime.

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