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(영문) 인천지방법원 2021.01.27 2020고단10023
강제추행
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 15, 2020, at around 01:00, the Defendant entered a singing room where the victim B (tentative name) works in Bupyeong-gu Incheon, Incheon, and committed an indecent act by forcing the victim to take the face of the victim who was in the camera and take a time fee, by pushing the victim's face into the victim's face, and using the victim's face and hair with his hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on CCTV analysis photographs in police statements made to B (alias)

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 16(1) and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the Protection of Children and Juveniles against Sexual Abuse; Article 56(1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 59-3(1) and (2) of the Welfare of Persons with Disabilities Act; Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the Exemption from Disclosure Order and Notification Order; the proviso to Article 49(1) and the proviso to Article 50 of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 17282, May 19, 2020); Article 50 of the former Act on the Protection of Children and Juveniles against Sexual Abuse [a person, other than the crime of this case, who has no record of criminal punishment for a sexual crime of this case; the background and mode of the crime of this case; and the details and effect of disclosure or notification order; and adverse effects of such information on the defendant.

[Determination]

Where a conviction becomes final and conclusive in relation to a crime in which personal information is registered and submitted, 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 Article 43 of the same Act

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