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(영문) 전주지방법원 2021.02.25 2020고단1550
강제추행
Text

The punishment of a defendant shall be eight months.

The execution of a sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant is a person working as a manager of the “C” page in Jeon Jin-gu Seoul Metropolitan Government B, and D is a person working as a part of the “C” page, and D is a person working as a part-time manager.

On May 20, 2020, the Defendant, along with D around 04:30 on May 20, 2020, frighted D while drinking alcohol, and frighted around F church parking lot located in Seojin-gu in Jeonjin-gu in Jeonju-si, and d's amb, and son met D's ambl, and D amblicked D again with D's ambl and amblance.

The defendant committed an indecent act against the victim D by force.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Article 298 of the Criminal Act, Article 298 of the Criminal Act;

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

1. Where a conviction becomes final and conclusive on the facts constituting a crime subject to the registration and submission of personal information under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused falls under 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 competent agency

In full view of the Defendant’s age, type of crime, process of crime, records of crime, social benefits expected by an order to disclose or notify information, and the effect of preventing sexual crimes, and the disadvantages and expected side effects of the Defendant therefrom, there are special circumstances in which the Defendant’s personal information should not be disclosed or notified, or the Defendant’s employment restriction should not be ordered to institutions related to children and juveniles and welfare facilities for disabled persons, such as children, juveniles, etc.

Since it is determined, Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, proviso to Article 49(1) of the Act on the Protection of Juveniles from Sexual Abuse, proviso to Article 50(1), proviso to Article 56(1) of the Act on the Protection of Juveniles from Sexual Abuse, and the Welfare of Persons with Disabilities Act.

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