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(영문) 창원지방법원통영지원 2020.08.19 2020고단207
강제추행
Text

A defendant shall be punished by imprisonment for not more than ten 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, including the victim B (n, 18 years of age, 18 years of age, 2 years of age, 6 high school students and 12 days of graduation travel from Gyeongnam-si, Gyeongnam-si.

At around 23:00 on January 5, 2020, the Defendant, along with the foregoing heading room, had the victim drinked to commit an indecent act by force against other victims under the influence of alcohol.

The Defendant, who is coming back to the bed by the bed in the bed of the victim, took the victim's hand back, putting the victim's hand into the victim's inside, etc., and talks the victim's chest, while the victim expressed his intention to refuse to do so, despite the victim expressed his intention to refuse to do so, the Defendant called "a fine, a fine," and put her hand into the victim's panty, and her son and her son were her son.

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 report on investigation (Attachment of a photograph of the victim);

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, Article 60 (3) of the Juvenile Act;

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

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. In full view of all the circumstances, including the Defendant’s age, type of crime, process of crime, criminal records, social benefits expected by an order of disclosure or notification, and the effectiveness of the prevention of sexual crimes, and the disadvantage and anticipated side effects of the Defendant, etc., the Defendant’s personal information may not be disclosed or notified, pursuant to Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order of disclosure or notification.

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