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(영문) 인천지방법원 2021.03.10 2020고단11357
강제추행등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 20:50 on April 15, 2020, the Defendant discovered that the victim C (the 26-year old-older), who was the first person prior to the entrance of the building located in Michuhol-gu Incheon Metropolitan City (the 26-year-older), had the victim “to resolve the omission,” and “to love the bom,” and “the bomer,” and “the bomer,” was humd and humd by the victim’s hand, “the fumping,” and “the fumping,” and the fumbling of the victim’s chest by the Defendant’s hand, and committed an indecent act by force against the victim.

Summary of Evidence

1. Partial statement of the defendant (no statement is written when the victim was pushed together with his/her chest);

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to internal investigation reports and investigation reports (the Nos. 8 through 10, 12 of the evidence list);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. An order to attend a course under Article 62-2 of the Criminal Act;

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; Article 49(1) proviso of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 16622, Nov. 26, 2019); Article 50(1) proviso (amended by Act No. 16622, Nov. 26, 201) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (i.e., the characteristics of the act, characteristics of the crime; the characteristics of the act; the disclosure or notification order; the degree of disadvantage and anticipated side effects of the Defendant’s injury caused by the act; and (ii) the preventive effects of the sexual crime subject to registration that could be achieved therefrom; and (iii)

1. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019), the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 59-3(1) of the Welfare of Persons with Disabilities Act (the history, details and motive of the crime, method and consequence of the crime, the risk of re-offending;

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