성폭력범죄의처벌등에관한특례법위반(특수강제추행)등
A defendant shall be punished by imprisonment for two years.
The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.
Punishment of the crime
The defendant is a person who is engaged in the original business.
On June 24, 2016, around 23:00, the Defendant came to know of the victim C (the name, the 46-year age) who was named in the mutual singing room located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, only came to know of the victim C (the 46-year age), with the victim. After having come to the singing room and drink two-lanes, the Defendant was on board the DK5 car owned by the Defendant and moved to the front street of Gangdong-gu Seoul, Gangdong-gu, Seoul.
피고인은 2016. 6. 25. 07:00 경 서울 강동구 E 앞 노상에 위 K5 승용차를 정 차한 후 뒷좌석에 피해자와 함께 앉은 상태에서, 피해자에게 “ 누나 젊었을 때 예뻤겠다, 섹스하자 ”라고 말하고, 성관계를 거부하는 피해자의 가슴을 갑자기 만지고, 자동차 안에 보관 중인 위험한 물건인 원단 샘플 채취용 가위로 피해자의 스타킹을 자른 후 가위 때문에 겁을 먹고 반항을 하지 못하던 피해자의 양쪽 발가락, 발등을 핥는 등의 방법으로 피해자를 강제로 추행하였다.
Summary of Evidence
1. Partial statement of the defendant;
1. Partial statement of the witness C;
1. Each legal statement of witness F and G;
1. Seizure protocol (net 2);
1. Each response to a request for appraisal (the latest 27,34,37);
1. The business operator's photograph (the net 40) and victim's photograph (the net 46);
1. Application of the above-mentioned one Act and subordinate statutes;
1. Article 4 (2) and (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, Article 298 of the Criminal Act;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;
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 Juveniles from Sexual Abuse (excluding the instant crime, the Defendant did not have any record of having been punished for any sexual crime, and the Defendant’s age, details of the relevant crime, and after committing the crime.