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(영문) 청주지방법원충주지원 2020.12.11 2020고단545
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

At around 17:50 on September 5, 2020, the Defendant: (a) placed the victim D (one person) who had been a guest in the “C” store operated by the Defendant in Chungcheong City B, with the intention to purchase goods and store them; (b) placed the victim’s arms in a dog to sell and store them; and (c) placed the victim’s arms in a hand, with his hand, with the victim’s right mar and rhing the victim’s right mar, and forced the victim to commit an indecent act.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant legal provisions concerning criminal facts, the choice of punishment under Article 298 of the Criminal Act and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. In cases where the facts constituting a crime on which an order to provide community service and attend a lecture are registered and the judgment to submit personal information becomes final and conclusive to conviction, 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 is obligated to submit personal information to the head of a competent police agency pursuant to Article 43 of the same Act.

In light of the defendant's age, occupation, family relation, criminal records, type and motive of the crime of this case, crime process, etc. exempted from disclosure order, notification order and employment restriction order, the effect of preventing recidivism can be expected only by the registration of personal information and the order to attend a lecture, and there is no lack of social defense.

If the above order shows the degree and expected side effects of the defendant's disadvantage, the prevention of sex crimes subject to registration that can be achieved by such order, and the effect of the protection of victims, there are special circumstances where the defendant's personal information is not disclosed or notified or the restriction on employment is not imposed.

Therefore, 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.

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