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(영문) 청주지방법원영동지원 2020.11.19 2020고단140
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

The defendant is a person who operates a fishing place in Chungcheongbuk B, and the victim C (V, 49 years old) is a person who operates a restaurant in the above fishing place.

1. On December 7, 2018, the Defendant, at around 06:00, 06: (a) he was divingd at the restaurant of the above fishing place; (b) was frightened by the body of the body of the victim; (c) was frightened by the victim’s knick; and (d) committed an indecent act by force by force against the victim, by inserting knicks covered by the victim.

2. Around 06:00 on December 8, 2018, the Defendant, who was divingd at the place specified in paragraph (1), committed an indecent act by force against the victim, who was flashed by the human body of the victim who was flashed with the flash from the human body to the flash.

3. Around 06:00 on December 9, 2018, the Defendant: (a) laid down the body of the victim covered by the victim’s knife from the knife to the knife; (b) laid down the victim’s knife on the knife to the knife; and (c) committed an indecent act by force against the victim’s sexual organ by putting the victim’s knife on the knife part.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. Application of Acts and subordinate statutes governing recording records;

1. Relevant Article 298 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment with prison labor;

1. former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment of concurrent crimes by indecent act on December 9, 2018), which are the largest penalty;

1. Article 62 (1) of the Criminal Act;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

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); and the issuance of a suspended sentence of imprisonment with labor, an order to attend a course, and an order to restrict employment, and the registration of the personal information of

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