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(영문) 인천지방법원 2020.10.21 2020고단6777
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

The defendant is C's friendship, who is a matrimonial engagement in victim B (a family name, female, 58 years of age).

On March 29, 2020, at around 00:30 on March 29, 2020, the Defendant committed an indecent act on the part of the victim, who was under drinking together with C and the victim, committed an indecent act on the part of the victim, by making the victim’s shoulder, side gate, bridge, neck, etc., a knife of the victim’s shoulder, side gate, gate, etc., as C and the victim were in drinking together with C and the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The written statement made by the police against B;

1. 112 Reporting case handling table; and

1. Application of Acts and subordinate statutes to investigation reports (Evidence List No. 15);

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. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Order to attend lectures or Order to provide community service, Article 62-

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information; the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (i.e., the nature of the offender; characteristics of the crime; the characteristics of the crime; the degree of disadvantage and anticipated side effects of the Defendant’s entry due to an order to disclose or notify the information; (ii) the effect of preventing sexual crimes subject to registration; and

1. The defendant is admitted due to the records of the crime, the details and motive of the crime, the method and consequence of the crime under the proviso to Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019), the proviso to Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the method and consequence

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