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(영문) 의정부지방법원 2020.08.13 2020고단60
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

On September 20, 2019, around 21:44, the Defendant: (a) tried to sit the victim D (tentative name, kick) in a betting room; (b) attempted to kis the victim’s entrance; (c) obstructed the victim’s chest by putting the victim on a betting room; (d) putting the victim in a betting room; (c) kis the victim’s chest into a bed; (d) putting the hand in a bed part; and (e) committed an indecent act by force by force against the victim, such as continuing to keep the victim out of the bed part of the bed part; and (e) keeping the victim out of the bed part of the bed part of the bed part.

Summary of Evidence

1. Statement made by the police of each police concerning D's legal statement of the defendant;

1. Application of Acts and subordinate statutes to report internal accidents (B hotel CCTV verification), investigation report (CCTV image analysis);

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service Order and Order to Attend Courses

1. The following circumstances recognized in the records under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exemptions from Disclosure Orders, Notification Orders, and Employment Restriction Orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); Article 56(1) proviso to the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 1738, Jun. 2, 2020); Article 59-3(1) proviso to the Act on Welfare of Persons with Disabilities; Article 49(2) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 1666622, etc.)

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