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(영문) 수원지방법원평택지원 2020.10.23 2020고단1332
강제추행
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 22, 2020, around 03:57, the Defendant: (a) brought the victim D (the family name, the age of 21) who was coming from the street inside the Seo-gu Seoul National University B located in Seo-gu, Seowon-gu, Seowon-si, Seowon-si, to his own back, and forced the victim to commit an indecent act by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes on damaged photographs and CCTV images;

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;

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 reason for sentencing under 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 Act on Welfare of Persons with Disabilities, the Defendant committed indecent act by compulsion by inducing the victim, who was on the university’s street alone, to follow up his/her chest during the night time. In light of the fear and sense of shame of the victim’s receipt of employment restriction order, the Defendant’s liability for such crime is not less complicated.

However, considering the fact that the defendant recognized the crime, the first offender who has no previous conviction, and the age and character of the defendant, family relationship, motive, means and consequence of the crime, the circumstances after the crime, etc., the punishment as ordered shall be determined by comprehensively taking into account various sentencing conditions in the trial process of this case.

Where a conviction of a defendant is finalized on the criminal facts in the judgment of a sex crime subject to registration and submission of personal information, the defendant is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the relevant agency pursuant to

Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exemptions from Disclosure Orders or Notification Orders, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 50(1) of the same Act.

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