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(영문) 서울북부지방법원 2020.07.23 2020고단746

준강제추행

Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On June 4, 2019, from around 01:56 to 03:26, the Defendant, in combination with the Defendant’s daily behaviors and the victim D (the name of the Defendant, the age of 23) in the restaurant of “C” located in Seoul Central Government ditch-gu B, Seoul, took the victim under the influence of alcohol after drinking together with the Defendant’s daily behaviors and the victim D.

At around 04:09 on the same day, the Defendant brought a victim who is under the influence of alcohol before the victim's house in Jung-gu, Seoul, and is unable to properly accumulated his body, thereby dancing the victim's entrance, and the victim continued to open a house gate and enter the house, and then the victim's chest side was promptly fluened by both of the victims.

Accordingly, the defendant committed indecent acts by taking advantage of the victim's state to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement about D (alias) and F;

1. A report on internal investigation (C general restaurant counter investigation);

1. Investigation report (detailed description of the content of analysis and indecent act such asCCTV image and appraisal result);

1. 112 reported case handling table;

1. A CD;

1. Application of Acts and subordinate statutes, such as a gene appraisal document (78 pages of evidentiary records), a written appraisal (172 pages of evidentiary records);

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

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

1. Reasons 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 of the Addenda to Welfare of Persons with Disabilities ( December 11, 2018), the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities;

1. The basic area (six months to two years) of the type of the crime of indecent act by force (persons aged 13 or older) according to the sentencing guidelines;

2. In light of the degree of indecent act committed in the instant crime by which the sentence was rendered, as well as the degree of sexual humiliation and mental shock, etc., the Defendant need to be strictly punished.

The defendant was unable to receive a letter from the victim.

However, the defendant acknowledges the crime of this case and reflects the wrongness, and the defendant also.