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(영문) 의정부지방법원 2020.08.13 2020고단94

강제추행

Text

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

To order the defendant to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On November 4, 2019, the Defendant: (a) around 00:28, the victim C (n, 56 years of age) operated by the Government-si B, demanded the Defendant to return to the Republic of Korea as the victim voluntarily voluntarily voluntarily voluntarily voluntarily voluntarily voluntarily voluntarily voluntarily voluntarily voluntarily voluntarily voluntarily voluntarily voluntarily voluntarily voluntarily voluntarily voluntarily voluntarily voluntarily voluntarily voluntarily voluntarily voluntarily voluntarily voluntarily voluntarily voluntarily voluntarily voluntarily released from the Defendant; and (b) the victim’s chest was forced to commit an indecent act by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes to a CCTV image closure photograph;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

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

1. Comprehensively taking account of the following circumstances acknowledged in the records under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1), the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 1738, Jun. 2, 2020); Article 59(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; Article 59-3(1) of the Act on Welfare of Persons with Disabilities; Article 49(2) of the former Act on the Protection of Children and Juveniles against Sexual Abuse;