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(영문) 서울남부지방법원 2021.01.27 2019고단5406

준강제추행

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

The Defendant is a person running “C” in Yeongdeungpo-gu Seoul Metropolitan Government, and the victim D (the victim, the 26 years of age) is an employee of the above company.

At around 06:00 on February 23, 2019, the Defendant, together with the victim, she frighted with the victim to drink the alcohol, and frightd the victim's chest with his/her chest while under the influence of alcohol, and was off by his/her hands with his/her hands.

Accordingly, the Defendant committed an indecent act against the victim by taking advantage of the mental or physical loss of a person or the state of impossibility to resist.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to D;

1. A gene appraisal report and a narcotics appraisal report;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements by victim telephone);

1. Relevant Article of the Criminal Act; Articles 299 and 298 of the Criminal Act; the choice of imprisonment for a crime;

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

1. If a conviction on a sex crime subject to registration and submission of personal information under the main sentence of Article 56(1) of the Act on the Protection of Juveniles against Sexual Abuse and the main sentence of Article 59-3(1) of the Welfare of Persons with Disabilities Act becomes final and conclusive, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the head of a related agency pursuant to Article 43 of the same Act

In full view of the following circumstances: the Defendant’s age, type and content of the crime, the process of the crime, the records of the crime, other social benefits expected by the disclosure order, the prevention of sexual crimes, the disadvantage and anticipated side effects of the Defendant, etc., there are special circumstances in which the disclosure or disclosure of the Defendant’s personal information may not be made;

Since it is judged, the court does not issue an order to disclose information to the defendant.

The reason for sentencing is disadvantageous: the victim gives the defendant at the time of the instant case.