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(영문) 인천지방법원부천지원 2020.10.21 2020고단651
강제추행
Text

A defendant shall be punished by imprisonment for one year.

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

1. On June 4, 2018, the Defendant: (a) committed indecent act by compulsion on June 4, 2018, 2018, on the following day: (b) on June 11:08, the Defendant: “D”-type: “D operated by the victim C (n, 33 years of age) of the 1st floor B; (c) reported the victims who dispose of the object; and (d) reported the victims to the guns of the victim; and (d) committed indecent act against the victim on several hand; (d) the victim’s shoulder was frightened by the victim; (e) the victim was frightened by the victim; (e) the victim was frightened by the victim; and (e) the victim was frighted by the victim on the same day at around 11:51 on the same day.

2. On June 11, 2018, the Defendant committed an indecent act by compulsion on the part of the Defendant on June 11, 2018: (a) around 13:03, at the bar of extraction of the above figures; (b) the following behind the victim, who arranged the article, committed an indecent act by force by force, by sparing the victim’s own.

Summary of Evidence

1. Application of the Acts and subordinate statutes that cut off CCTV images taken by the police by taking the police's statement C of the defendant's legal statement;

1. Article 298 of the Criminal Act concerning the facts constituting the crime;

1. Selection of each sentence of imprisonment;

1. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Crimes committed under the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act by aggravation of the execution of Article 62 (1) of the Criminal Act

1. The reasons for sentencing in Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020); Article 56(1) of 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) of the Act on Welfare of Persons with Disabilities committed an indecent act against the victim by putting the victim in mind that the victim remains married in his/her place of business; and the victim again tried to find the victim again even after the victim expressed his/her intention of refusal.

However, given the favorable circumstances, such as the fact that the defendant has no criminal record for the same kind of crime, that the defendant reflects the defendant's misunderstanding late, and that the agreement has been reached with the victim after the closing of the argument in this case.

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