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(영문) 수원지방법원평택지원 2020.10.23 2020고단1997
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

At around 20:00 on August 11, 2020, the Defendant: (a) committed an indecent act by forcing the victim to move back to the victim C (the name, fring, 18 years of age, and intellectual disorder) who was seated in his seat; (b) transferred the C beer, and (c) delivered the C beer’s bucks to the victim; and (d) the victim refused to move to the police by “the police,” while the victim’s refusal to move to the police, etc., the Defendant committed an indecent act by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of the victim (Stenographic record);

1. Application of the CCTV-related Acts and subordinate statutes to the generating place;

1. Article 298 of the Criminal Act applicable to the crime, the choice of imprisonment

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

1. The proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to attend a lecture (the defendant is deemed to have special circumstances where an order to attend a lecture is impossible to expect the effectiveness of re-offending through an order to attend a lecture due to a lack of communication with Mongolian nationality and Korean language

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 the personal information of the accused, and 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 (in light of the following: (a) the accused’s age, environment, and social ties in addition to the grounds for exemption from the above order to disclose or notify the accused; and (b) the effect of the sexual crime prevention, etc., which may be achieved by the order to disclose or notify the accused’s personal information may be relatively less than the disadvantages

1. The reasons for sentencing under Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 59-3(1) of the Act on Welfare of Disabled Persons shall be the victim of a living face.

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