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(영문) 인천지방법원 2019.07.17 2019고단2755
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 10, 2018, the Defendant, at around 22:00, 22:00, her first met with the victim B (n, 22 years of age) who went back with her friendship, and her her her her her her her her her her her her her her her her her her her her her b

On November 11, 2018, at around 02:50, the Defendant tried to leave the victim on the abundled-gu Incheon Bupyeong-gu C hotel, Bupyeong-gu, Incheon, but the victim refused to do so, seated on the floor, and the victim "to sit on the knee," and her knee, knee of the victim by drawing the victim to the victim's own knee, and the victim who tried to make a telephone to a male-gu knee was kneed by the victim's own hand.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police protocol protocol law to B

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;

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

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

Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, type of the instant crime, motive, process, seriousness of the crime, 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 that may be achieved therefrom, the effect of protecting the victims thereof, etc.

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