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(영문) 청주지방법원 2019.09.06 2018고단2908
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

At around 13:50 on October 26, 2018, the Defendant: (a) discovered the victim D (Influence, name, and 20) who walked on the road in front of Cheongju-si, and “C” on the road; (b) followed by his mind to commit an indecent act against the victim; and (c) committed an indecent act against the victim by force by cutting the fluence on the left side of the victim.

Summary of Evidence

1. Statement of the police statement concerning D;

1. Application of Acts and subordinate statutes to photographs of crime scene;

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. Articles 47 (1) and 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the main sentence of Article 49 (1) and the main sentence of Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Grounds for sentencing under the 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 the Welfare of Disabled Persons Act (Act No. 15904, Dec. 11, 2018), the main sentence of Article 59-3 (1) of the Act on Welfare of Disabled Persons

1. One month to ten years from the date of imprisonment in the scope of punishment by law;

2. The scope of recommended sentences according to the sentencing criteria (the determination of types of sex offenses);

(b) The basic field of the crime of indecent act by compulsion (the person under 13 years of age or older) [the first category] general area of indecent act by compulsion (the scope of the recommended field and the recommended range], six months to two years of imprisonment;

3. Determination of sentence of imprisonment with prison labor for six months, the background of this case in the suspension of execution for two years, the fact that damage has not been recovered, and other punishment as ordered shall be determined by comprehensively taking into account the age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances before and after the crime.

Where a conviction becomes final and conclusive on the facts constituting a crime against a defendant who has registered personal information, the defendant is a person subject to registration of personal information under the main sentence of Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and such person is the competent authority in accordance with

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