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(영문) 인천지방법원 2019.08.22 2018고단8570
강제추행
Text

A defendant shall be punished by imprisonment for four months.

The defendant shall be ordered to take a lecture for sexual assault treatment for 40 hours.

(b) the defendant;

Reasons

Punishment of the crime

On September 21, 2018, at the convenience store located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, 2018, the Defendant: (a) called “si B” to the victim D (the 46-year-old) who is an employee; (b) then, (c) accessed the victim’s back from the display stand to the victim’s back, etc.; (d) hump the victim’s own hand; (e) hump the sexual flag to the victim’s her arm’s length; and (e) hump the victim’s sexual organ to the victim’s her arm’s length; and (e) humped the victim’s her sexual organ to the victim; and (e) forced the victim to commit an indecent act by force.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to police statements made to victims;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Where a judgment becomes final and conclusive on the duty to register and submit personal information pursuant to Article 56(1) main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018) and Article 59-3(1) main sentence of the Act on Welfare of Persons with Disabilities, the Defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual

In full view of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, seriousness of the crime in this case, the degree of disadvantage to the Defendant’s entrance due to the disclosure order or notification order, the preventive effect of sexual crimes subject to registration which may be achieved therefrom, the effect of protecting the victims, etc., the Defendant shall be subject to the proviso to Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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.

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