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(영문) 대전지방법원 서산지원 2021.01.13 2020고단945
준강제추행
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. On July 22, 2020, the Defendant discovered the victim D (tentative name, female, and 30 years old) who was divingd in Jinjin-si B around July 22, 2020 on July 22, 2020, and committed an indecent act by force against the victim, who was unable to resist due to locking.

2. On July 23, 2020, the Defendant: (a) discovered the victim under the preceding paragraph, who was divingd at the same place as before July 23, 2020; (b) took her hand into account her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of CCTV storage CD-related Acts and subordinate statutes;

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

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. Where a conviction becomes final and conclusive with respect to the facts constituting a sex offense subject to registration, which is subject to the registration to register and submit personal information under Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 59-3(1) of the Welfare of Persons with Disabilities Act, the accused is a person subject to registration of personal information under 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 related agency pursuant to

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Act on the Protection of Children and Juveniles against Sexual Abuse, when comprehensively considering the Defendant’s age, risk of repeating a crime, content and motive of a crime, method and seriousness of a crime, degree and anticipated side effects of the Defendant’s disadvantage due to an order to disclose or notify personal information, and the prevention and effect of a sexual crime subject to registration that may be achieved therefrom.

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