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(영문) 서울북부지방법원 2020.08.21 2020고단1451

강제추행

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On February 13, 2018, the Defendant was released on September 28, 2018 and the remaining term of punishment was expired on December 8, 2018, when he/she was sentenced to imprisonment with labor for a special injury by the High Court for Armed Forces on February 13, 2018.

The defendant is not aware of the victim B(n, 26 years of age).

On March 1, 2020, at around 01:40, the Defendant saw the victim's horses to walk and return to the victim's horses within the pedestrian traffic route in Jung-gu Seoul Metropolitan Government, and saw the victim's chests. When the victim resisted the horses and gets on the ground floor, he saw the body on the ground floor, etc., the Defendant saw the victim's left chests that she was able to walk up the body on one hand, and forced the victim to commit an indecent act.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Investigation report on the E statement (to telephone conversations for reference) and investigation report (to listen to the victim's damage by telephone and to attach voice recording CDs);

1. Photographs of seized articles;

1. Previous convictions in judgment: References to criminal records, written judgments and other requests for cooperation in investigation, issuance of certificates of confinements, investigation reports (verification of the release of suspects and attachment to the status of confinements for individuals);

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

1. Article 35 of the Criminal Act among repeated crimes;

1. Reasons 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 59-3 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Scope of punishment by law: One month to twenty years;

2. Basic area of recommendations according to the sentencing guidelines (decision of type) and the general standard for sex crimes (subject to the age of 13 or more) and the general indecent act by compulsion (subject to the age of 13 or more) of indecent act by force (the scope of recommendations and recommendations) and six months to two years;

3. The defendant who is sentenced to sentence may not be accommodated in the period of repeated crime;