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(영문) 의정부지방법원 고양지원 2020.02.04 2019고합296
강제추행등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 June 26, 2019, around 21:13, the Defendant committed an indecent act on the part of the victim, following the victim D (In this case, 19 years of age) who was posted to use toilets within the main point of "C" of the Goyang-dong building B, Goyang-gu, Ilyang-si, Seoul, in order to use the toilets. The Defendant committed an indecent act on the part of the victim's her own son and bucks.

Summary of Evidence

Although Defendant’s legal statement D’s written statement, report on internal investigation (field search and CCTV confirmation), applicable law on criminal facts subject to the law, Article 298 of the Criminal Act, Article 62(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes under the Act on the Punishment, etc. of Sexual Crimes, Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes under the Act on the Protection of Children and Juveniles against Sexual Abuse, 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 (the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes under the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant’s distorted sexual impulse that was revealed through the instant crime cannot be readily concluded to pose a risk of sexual assault or recidivism. The Defendant’s order of suspension of execution and personal information is expected to be improved.

1. The scope of applicable sentences under law: Imprisonment for one month to ten years; and

2. The scope of recommended sentences according to the sentencing criteria (the determination of types of sex offenses);

B. The crime of indecent act by compulsion (the subject of 13 years of age or older) is [the first type].

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