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(영문) 서울서부지방법원 2020.03.11 2019고단3963

강제추행

Text

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

The defendant shall complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On March 2019, the Defendant came to know of the victim B (the family name, the age of 21) through a gathering of the Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-gu.

On August 3, 2019, around 22:30 on August 3, 2019, the Defendant took part in drinking together at the mutual incompetence house located in Eunpyeong-gu Seoul Metropolitan Government, and the same month.

4. At around 01:30, while moving a job into a singing in Eunpyeong-gu Seoul Metropolitan Government, the victim satisfing next to the other party while satisfing the singing, and the victim satisfing the platform back, and the victim satisfing the platform back, and then satisfing the two arms by fasting the victim, making the satfing it fit for the two arms, making the hand fit with the inner clothes, and satisfing the finger of the victim’s chest;

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

Summary of Evidence

1. Defendant's legal statement;

1. The written statement made by the police against B;

1. Investigation report (Contents of conversation recorded by the victim in singing);

1. Application of the Kakao Stockholm statutes

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

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

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 and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommended sentences according to the sentencing criteria (the determination of types of sex offenses);

(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;

3. In light of the circumstances, method, etc. of indecent act as an indecent act by a defendant who committed an indecent act against another person, such as forcing him/her to appear in a singing room at a new wall and drinking his/her chest, etc., his/her age is extremely poor.

Nevertheless, the Defendant did not object to the victim after committing the crime.