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(영문) 전주지방법원 군산지원 2020.05.26 2019고단1200
강제추행
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On July 4, 2019, around 18:35, the Defendant committed an indecent act by force against the victim D (one's name, South, and 42 years old) who is living together with the Defendant's sexual organ by his own hand.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the prosecution against E;

1. Statement made by the police on D;

1. Investigation report (Cud CCTV image investigation);

1. Application of the victim E-site photographs, CCTV images to take a photograph and the statutes on the forest;

1. Article 298 of the Criminal Act applicable to the crimes;

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

1. Reasons for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

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 force (the person under 13 years of age or older) [the first category] general indecent act by force (the person under special form): - The mitigated element of indecent act by force: Where the degree of indecent act by force is weak [the scope of the recommended area and the recommended punishment] [the mitigated range], there is no person who is a general person [the general person] from one month to one year [the grounds for suspended execution] - The principal pride reasons: Where the degree of indecent act in

3. Determination of sentence: Where a conviction against a defendant is finalized on the crime subject to registration, which is a sex offense subject to registration, for four months of imprisonment with prison labor, one year of suspended sentence, and one year of suspended execution, 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 such person is obligated to submit

Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the Employment Restriction Order, proviso to Article 49(1), proviso to Article 50(1), proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, proviso to Article 56(1), proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities.

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