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(영문) 서울중앙지방법원 2019.08.22 2019고단3954

강제추행등

Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to take a lecture for sexual assault treatment for 40 hours.

Reasons

Punishment of the crime

1. Indecent acts by compulsion;

A. On June 10, 2019, around 22:50 on June 10, 2019, the Defendant committed an indecent act by force against the victim C (V, 25 years of age) who had been living there in front of the Seoul Special Metropolitan City, Seoul Special Metropolitan City B, with the victim’s own hand.

B. Around 00:02 on June 11, 2019, the Defendant committed an indecent act by force on the part of the victim E (V, female, 29 years of age) by using the victim’s negative part with the victim’s own loss.

2. The Defendant assaulted the victim F (the age of 68) who observed the Defendant’s criminal act at the same time and at the same place as the above 1-B, with the defect that the victim F (the age of 68) attempted to flee, thereby walking the victim’s right frank.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Written statements C, C, and F;

1. 112 reported case handling table;

1. Application of CCTV photographs, photographs of a suspect arrested in the act of committing an offense, CCTV images, CDs, or statutes to capture photographs;

1. Articles 298 and 260 (1) of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. Grounds for sentencing under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 and the main sentence of Article 59-3 (1) of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018);

1. Scope of punishment by law: Imprisonment with prison labor for one month to fifteen years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) General standards for the crimes of Class I (determination of type) and sex crimes;

(b) The basic field of the crime of indecent act by compulsion (the person under 13 years of age or older) [the first type] general indecent act by compulsion [the scope of the recommended field and the recommended range], and six to two years of imprisonment;

(b) General standards for the crimes of Type II (determination of types).

B. The crime of indecent act by compulsion (the subject of 13 years of age or older) is [the first type].