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(영문) 인천지방법원 2020.05.11 2019고단8644

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 80 hours.

Reasons

Punishment of the crime

At around 21:30 on October 9, 2019, the Defendant demanded a sexual relationship with the Defendant at a “C” business establishment located in Bupyeong-gu, Incheon, Bupyeong-gu, Incheon, to leave the room, and then, the Defendant left the room after receiving a request from the victim D (name, leisure, 30 years of age) who is an employee of the Kabter, and reported the victim to “Min or only one defect,” and the victim reported the Kabter to the Kabbr, and entered the inside of the Kabr, and then, the victim was able to use the Kabrr, regardless of the refusal of the victim’s back, and the victim was sleeped above the Kabbr, and the victim was slick with the victim’s lub and her hand.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statements made to D;

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 Act on the Protection of Children and Juveniles against Sexual Abuse (a special circumstance that may not disclose or notify the personal information of the accused when comprehensively considering the characteristics of the offender, the characteristics of the crime, the degree and anticipated side effects of the disadvantage the accused was incurred due to the order to disclose or notify the offender, the preventive effects of the sexual crime subject to registration that may be achieved due to such order, and the effects

1. Where a conviction is finalized on the facts constituting an offense subject to the registration and submission of personal information under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;