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(영문) 청주지방법원 충주지원 2019.05.03 2018고단745

강제추행

Text

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

The defendant shall complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. On March 2018, the Defendant: (a) visited the victim’s laundry in his/her residence of the Victim D (Inn, 54 years of age) in his/her voice group B building and the Victim D (Inn, 54 years of age) on the ground that he/she brought about the victim’s laundry; and (b) committed an indecent act against the

2. On September 2018, the Defendant committed an indecent act against the victim in the “F” restaurant operated by the victim in the Hahnbuk-gun E, the Defendant stated that the victim “I think of the width,” and that “I think of the width, I would like to see the victim’s hand and sexual intercourse with the Defendant.”

3. On October 25, 2018, around 15:52, the Defendant committed an indecent act against the victim, such as gathering of the victim’s chests and sound part of the victim’s chests from the victim’s back, at the “F” restaurant located in the voice group E of the Chungcheongbuk-gun.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Photographs related to the case;

1. - Video CDs (the Defendant merely asserts that there is only the fact that he has drawn up the victim at the time of the charge No. 3, and denies the charges. However, the victim witness D’s legal statement is sufficiently trusted in light of its content and form, attitude of the victim’s body, etc.; the victim witness D’s legal statement and his behavior and attitude against the victim, etc., which can be known in the video of the victim witness D can be acknowledged in the entirety of the charges; hereinafter the application of the law).

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

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;

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Law No. 15352, Jan. 16, 2018); Article 56 (1) and (2) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018); Article 56 (1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. An order to disclose or notify information;