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(영문) 수원지방법원 2020.10.15 2020고합497
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

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

except that 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

1. On June 19, 2020, the Defendant committed an indecent act by compulsion against the victim C (here, female, 17 years of age) who is engaged in a male-child room, etc. in front of the male-child zone B, etc. on the same day on June 19, 2020.

2. Any foreigner who violates the Immigration Control Act may sojourn in Korea within the limits of his/her sojourn status and period of sojourn.

On March 15, 2013, the Defendant entered the Republic of Korea with four arms and short-term visits (C-3-1) sojourn status on short-term visits (C-3-1) and continued to stay in the Republic of Korea after the expiration of the period of stay on June 13, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Act and subordinate statutes on site photographing reports (on-siteCCTV attachment, etc.);

1. Relevant legal provisions concerning criminal facts, the choice of punishment under Article 298 of the Criminal Act, Article 94 subparagraph 7 of the Immigration Control Act, and Article 17 (1) of the Immigration Control Act (the occupation of sojourn and the choice of imprisonment after the expiration of the period of stay);

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of the sum of the maximum punishment of two principal penalties determined in the crime of indecent act by compulsion with heavier punishment)

1. The proviso to Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes exempted from an order to attend a lecture under Article 62(1) of the Criminal Act (the determination that an order to attend a lecture constitutes a case where there are special circumstances where an accused is unable to impose an order to attend a lecture in light of the fact that the accused is unable to use the Korean language, etc.) and the order to disclose and notify and to exempt from an employment restriction order, the proviso to Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the

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