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(영문) 인천지방법원 부천지원 2019.08.21 2019고단1637
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

The defendant is the owner of the building in Bupyeong-si where the victim B (the family name, the female, the age of 27) resides, and the victim is the tenant.

피고인은 2017. 8. 12. 17:40경 위 빌딩 2층 한복집 안에서 피해자, 피해자의 어머니와 함께 이야기를 하던 중 갑자기 피해자의 왼쪽 손을 잡고 손등에 3회 입을 맞추자 피해자가 손을 빼며 "그만 하시고 댁으로 올라가세요"라고 말을 했음에도 한 시간 정도 더 이야기를 하다가 다시 피해자의 왼쪽 손을 잡고 손등에 2회 입을 맞추었다.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The written statement made by the police against B;

1. Application of Acts and subordinate statutes to photographs submitted to victims;

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. Article 16 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the age, occupation, risk of repeating a crime, type and motive of the crime in this case, type of the crime in this case, process, disclosure or notification order, the degree of disadvantage and anticipated side effects of the defendant's entry due to the crime in this case, the prevention of sex crimes subject to registration that may be achieved due to such order, and the effect of protecting the victims, etc

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352, Jan. 16, 2018); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018); Article 2 of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities is justifiable.

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