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(영문) 수원지방법원안양지원 2020.09.18 2020고단884
강제추행등
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 December 23, 2019, the Defendant, who was aware of the victim B (the age of 24) and of the peace, was able to take food with the victim at the victim's residence on December 23, 2019, and was diving.

1. The Defendant committed indecent acts by compulsion on the following day: around 24:05:40, the Defendant: (a) reported the victim who was divingd in the victim’s residence located in Ansan-gu C at Ansan-si, and did not have a prudent desire to do so; (b) placed the victim’s finger in the victim’s part; and (c) committed indecent acts by force against the victim, such as the victim’s sexual intercourse.

2. The Defendant, in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, taken a photograph of the victim’s sexual organ with galthogle 9 cellular phones in possession of the victim against the victim’s will during the aforesaid time and place.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol protocol law to B

1. Article 298 of the Criminal Act applicable to the crime, the choice of punishment, Article 298 of the Criminal Act, Article 14(1) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020), and the choice of imprisonment with prison labor

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend lectures or Order to provide community service;

1. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( November 26, 2019), the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities;

1. An order to disclose, or an order to notify, Article 47(1) or 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose, or an order to notify, the Defendant’s age, occupation, risk of recidivism, and the motive, method of committing the instant crime, order to disclose, and order to restrict employment.

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