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(영문) 의정부지방법원 2020.06.11 2019고단3822
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 06:00 on August 4, 2019, the Defendant committed an indecent act on the part of the victim D (name, fluence, age 21) by force, such as using the victim’s chests, thrhum, thrhum, and the victim’s chests, etc. by hand, and making the victim’s knicks and sexual intercourses with the Defendant’s buckbucks and sexual intercourses.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of the Acts and subordinate statutes concerning the closure of CCTV images and the list and photographs of CCTV video images;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. It is determined that there is any special circumstance that the Defendant’s new employment should not be disclosed or restricted in light of the following circumstances, i.e., the recognition of and reflect on the instant crime, i.e., the fact that the Defendant is not a crime committed against many and unspecified persons, ii) the fact that there is no criminal history, iv) the registration of new information and taking lectures in the treatment of sexual assault can prevent recidivism to a certain extent; and 5) the fact that the Defendant’s age, occupation, family environment, social relationship, criminal record and recidivism; the risk of disclosure, the benefits expected by the disclosure order, the notification order, the employment restriction order, the benefits expected by the restriction order, and adverse effects, etc., of the Act on Welfare of Persons with Disabilities.

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