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(영문) 서울중앙지방법원 2020.11.20 2019고단6892

강제추행

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

At around 00:00 on May 10, 2019, the Defendant: (a) requested the victim D (manam and 25 years old) to connect mobile phones and blus earphones to the second underground floor of Jongno-gu Seoul, Jongno-gu, Seoul; (b) requested the victim to connect the mobile phone and blus earphones; (c) led the victim to be connected, spoking, spoking, and spokes; and (d) committed an indecent act by force against the victim by putting his hand under the top of the Ablus Ba.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Application of C Sabox or search and photographing statutes to D police statements;

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

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

1. Grounds for sentencing under Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019); Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities;

1. 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 indecent act by compulsion [the scope of the recommended field and the recommended range], and six to two years of imprisonment;

2. A sentence shall be imposed on the Defendant in consideration of the following: (a) the Defendant was sentenced to a punishment of one year of probation for six months of imprisonment due to a quasi-indecent act committed on February 12, 2016; (b) the Defendant was sentenced to two years of probation on September 19, 2018 due to an assault and assault committed on September 19, 201, and the said judgment became final and conclusive on September 28, 2018; (c) the Defendant committed the instant crime without being aware of the fact that the Defendant wants to be punished; and (d) the Defendant

The judgment is a sex offense subject to registration.