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(영문) 춘천지방법원 2020.12.15 2020고단982
강제추행
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Since the defendant is led to confession, it is necessary to make an additional statement on the same part as the relevant supporting evidence in the same way as “(see, e.g., the page of the evidence record).”

Based on evidence, the prosecutor's facts charged are modified to the extent that it does not adversely affect the defendant's right of defense and actually affect the contents of the facts charged, and it does not result in the change of the subject of trial by the court.

On August 14, 2020, at 00:04 (see, e.g., No. 3 of the evidence record) around 00:04 (see, e.g., the third page of the evidence record), while the Defendant was waiting for food in the tables No. 8 in a restaurant operated by the Victim C (the name, leisure, 27 years old). On August 14, 202, the Defendant discovered the victim who was drinking after the Defendant, and deducted the Defendant’s right hand back, and then the Defendant was her son’s am.

Accordingly, the defendant committed an indecent act by force against the victim by assault.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to C (alias) and D;

1. On-site photographs;

1. Application of the Act and subordinate statutes to a criminal investigation report (for the suspect's crime scenes, photograph photographs closures);

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 Probation and Order to Attend Courses;

1. Special circumstances that may not disclose or notify personal information in light of the following: (a) the Defendant’s age, occupation, risk of recidivism; (b) the type and motive of the instant crime; (c) the process of the instant crime; (d) the degree of disadvantage and anticipated side effects of the Defendant’s disadvantage due to the disclosure or notification order; (e) the prevention of the sex offense subject to registration that may be achieved; and (e) the effect of protecting the victims, etc., of the exemption from disclosure or notification order.

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