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(영문) 창원지방법원 통영지원 2021.02.03 2020고단1101
강제추행
Text

A defendant shall be punished by imprisonment for six 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

1. On 31. 31. 31. 23:50 on 2020, the Defendant’s indecent act against the victim B was under the influence of alcohol at the entrance of the DN clubs located in Yong-Nam-si, Chungcheongnam-do. In order to verify whether he was infected by co-ro or 19, the Defendant followed the above club employees, including the victim B ( South, 19 years old) who string the physical temperature and carried out the heat string to check whether he was infected by co-ro or 19.

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

2. The Defendant’s indecent act against the victim E, who committed the above crime at the above time, at the above place, completed a heating body, and followed the victim E (the victim E (the victim E, 46 years of age) who was the customer club, whose name was entered in the list of visitors to the above club in order to view the above club in front of the Defendant, added the victim’s knife his knife his knife to a knife between the victim’s knife’s knife and the part of the victim’s sexual flag and resistance once, and tried to attach the victim’s knife with his knife at the victim’s knife with his knife.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and B;

1. Application of Acts and subordinate statutes to a investigative report (CCTV image submission);

1. Relevant provisions of the Criminal Act and Article 298 of the Criminal Act concerning the selection of punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

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

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Persons with Disabilities Act, which is an employment-restricted order;

1. The judgment on the registration and submission of personal information under Articles 47(1) and 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 Act on the Protection of Children and Juveniles against Sexual Abuse shall be made.

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