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(영문) 의정부지방법원고양지원 2020.08.27 2020고단1161

강제추행

Text

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

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

Reasons

Punishment of the crime

The Defendant, around 01:45 on December 15, 2019, was under the influence of C in the 3rd floor of Goyangdong-gu Seoul Metropolitan City, Yongsan-gu, the Defendant: (a) reported that C had the intention to assist the victim D (the name, leisure, 23 years of age) under the influence of alcohol; and (b) took over C as “victim’s friendship” to C; and (c) took over the victim’s fluor of male toilet, the Defendant fluord the victim’s fluor, and prevented the victim’s fluor by dividing the part of the victim’s fluor with his left arms into the part of the victim’s fluor, and then embodyed the fluor by the victim’

In order to protect the victim from committing an indecent act by inserting grandchildren, the victim was forced to commit an indecent act.

Summary of Evidence

1. Defendant's legal statement;

1. Application of laws and regulations on video recording and video recording and video recording and video recording and video recording and video recording and video recording and recording of each police statement to D (tentative name) and C;

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. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information; the proviso to Article 49(1) and 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 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1662, Nov. 26, 2019; the Defendant’s age, occupation, risk of recidivism; the type, motive, process, disclosure or notification of the instant crime; the degree of disadvantage and anticipated side effects of the Defendant’s entry due to such order; the prevention of

1. The punishment of a sex offense is imposed on a defendant who is an initial offender under Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020); the proviso to 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); the proviso to Article 59-3(1) of the Welfare of Disabled Persons Act.