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(영문) 전주지방법원 2020.09.09 2020고단166

강제추행

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

At around 02:00 on August 25, 2019, the Defendant exceeded the T and B B's dwelling place near Seongbuk-gu Seoul, and laid off the arms of the victim D (the victim 20 years of age, 20) on the floor by coercioning the arms of the victim D (the victim 20 years of age, 20 years of age) on the floor, led the victim who has been forced to have dancing and continuously resisted, led the victim into the wall, let the victim's fright and panty, and let the victim's fright and panty, and again, was cut off by coerciond.

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

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made by the police in relation to D;

1. Application of Acts and subordinate statutes to criminal investigation reports (related to photographing photographs of the body of a victim), investigation reports (limited to the contents of messages divided by the victim and the suspect);

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 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. 16622, Nov. 26, 2019); Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

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

3. The sentence shall be determined as per the order, comprehensively taking into account the following circumstances: the Defendant’s age, character and conduct, environment, occupation, family relationship, motive and consequence of the crime, circumstances after the crime was committed, and other various sentencing conditions as shown in the instant records and the trial process.

- The victim's perfect refusal, which has long been made at the home of his/her friendship, to complete the victims.