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(영문) 청주지방법원 2019.09.06 2019고단1026
강제추행
Text

A defendant shall be punished by imprisonment for 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 13:40 on January 2, 2019, the Defendant, within the “C cafeteria” located in Cheongju-si, Cheongju-si, Cheongju-si, in combination with the daily behaviors of the victim D (name, 38 years of age) and drinked with the victim and boomed with the victim on the table. Around January 2, 2019, the Defendant, on his own hand, tried to look at the victim’s bridge and the sound, and bread with the victim’s chest even though the victim demanded the suspension, and then tried to keep the victim’s chest on his/her face even though he/she was removed from the daily behaviors of the witness.

Therefore, the victim's refusal to sing the body of the defendant, and the defendant who sing the body of the defendant, demanded the victim to sing and singled with the singled, and the victim forced the victim to commit an indecent act in response to the inflow of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements made to D;

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

1. An order to disclose personal information, and an order to notify the personal information, Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an employment restriction order, the proviso to Article 49(1), the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 56(1), the proviso to Article 56(1) of the Addenda to the Act on Welfare of Persons with Disabilities (amended by Act No. 1350, Dec. 11, 2018), the Defendant’s age, occupation, risk of recidivism, risk of recidivism, motive, method, consequence and seriousness of the instant crime, disclosure or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s personal information to be achieved, the preventive effect and effect of the sexual crime subject to registration, and the protection of the victims thereof, shall not be ordered to disclose the Defendant’s personal information.

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