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(영문) 대전지방법원 논산지원 2021.01.19 2020고단558
강제추행
Text

A defendant shall be punished by imprisonment for not less than eight 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

The defendant, as a result of the introduction of B, who was accompanied by a gymnasium B, had a gymnasium member, including the victim C (a person, gymnas age 21).

On April 30, 2020, the Defendant: (a) around 00:30 on April 30, 2020, at the above B’s residence in building D, and (b) at the same time, those people who drink alcoholic beverages together were fluenced by selling the cresh of the place.

After having prevented the Defendant from putting the two arms of the victim who intends to continuously enter the military room, the Defendant committed an indecent act by force against the victim in a way that she takes the face of the victim by hand, even though the victim was aware of his/her hand and her hand, and the victim expressed her refusal to do so.

Summary of Evidence

1. Application of the Acts and subordinate statutes on police statements made by the defendant to the victim and B;

1. Article 298 of the Criminal Act applicable to the crime, Article 298 of the selective criminal punishment, Article 62 (1) of the Criminal Act to suspend the execution of selective criminal punishment;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes, Article 62-2 of the Criminal Act;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes exempt from an order of disclosure notification and employment restriction, the proviso to Article 49(1), the proviso to Article 50(1), the proviso to Article 56(1), the proviso to Article 56(1) of the former Act on the Protection of Juveniles from Sexual Abuse (amended by Act No. 16622, Nov. 26, 2019), the proviso to Article 59-3(1) of the Welfare of Persons with Disabilities Act (the Defendant’s age, occupation, relationship with criminal records, risk of recidivism, motive and method of crime, disclosure notification and employment restriction order, and the degree and expected side effects of the Defendant’s disadvantage, the prevention of sexual crimes that may be achieved therefrom, and the effect of protecting the victims, etc. shall not be disclosed to the public or restricted to the employment of the Defendant’s juvenile-related institutions, etc., or the juvenile-related institutions, etc.

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