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(영문) 수원지방법원 2020.09.24 2020고단4871

강제추행

Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete a sexual assault treatment program for 120 hours.

Reasons

Punishment of the crime

At around 19:01 on May 23, 2020, the Defendant: (a) discovered the victim D (tentative name, leisure, 25 years of age) who was coming from the head of Si/Gun/Gu, and forced the victim to wear a part of the victim’s sound with a part of the hand by extending the hand back to the hand.

Accordingly, the defendant forcedly committed an indecent act against the victim.

Summary of Evidence

1. Statement by the police concerning D's legal statement of the defendant;

1. Application of Acts and subordinate statutes to each CCTV image data closure photographs and investigation reports (Evidence List Nos. 16);

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

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

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

1. Where a judgment of conviction on the criminal facts in the judgment of conviction as to the registration and submission of personal information 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), the main text of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the main text of Article 59-3(1) of the Act on Welfare of Persons with Disabilities becomes final, the Defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes,

Reasons for sentencing

1. Scope of punishment by law: Imprisonment with prison labor for not less than one month but not more than ten years;

2. Scope of recommended sentences according to the sentencing guidelines: Basic area without any type I (no person in special form) (no person in special form) of the crime of indecent act by force (the person aged 13 or older) on the general standards for sex offenses for not less than six months but not more than two years (the determination of types of punishment).

3. Determination of sentence: The defendant shall be sentenced to imprisonment with prison labor for one year and the defendant shall make a significant sexual intercourse with the victim by repeatedly committing an indecent act as described in the judgment;