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(영문) 청주지방법원 2019.11.27 2019고단1771
강제추행
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

On January 26, 2019, at around 11:58, the Defendant: (a) committed an indecent act against the victim D (one person, other person, and one person) on the part of the prefabricated Group B, Jincheon-gun, Jincheon-gun; and (b) on the part of the victim, the Defendant forced the victim to commit an indecent act in a manner that embling the victim four times his son.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to D;

1. Application of Acts and subordinate statutes on recording;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

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

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. An order to disclose personal information, an order to notify such information, and Article 47 (1) and Article 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an employment restriction order, the proviso to Article 49 (1), Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 56 (1), the Addenda to the Act on Welfare of Persons with Disabilities (amended by December 11, 2018), and the proviso to Article 59-3 (1) of the Act on Welfare of Persons with Disabilities (the Defendant’s age, occupation, recidivism risk, motive and method of the instant crime, consequence and severity of the instant crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s personal information to be achieved, the preventive effect and effect of the sexual crime subject to registration, the effect of protection of the victim, etc., should be comprehensively considered, and there is no special reason to impose an employment restriction order and the sentencing order

1. One month to ten years from the date of imprisonment in the scope of punishment by law;

2. The scope of recommended sentences according to the sentencing criteria (the determination of types of sex offenses);

(b) The basic field of the crime of indecent act by compulsion (the person under 13 years of age or older) [the first category] general area of indecent act by compulsion (the scope of the recommended field and the recommended range], six months to two years of imprisonment;

3. Eight months of imprisonment with prison labor for a decision of sentence, or two years of suspended sentence: The victim shall have a sense of shamed due to the instant case;

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