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(영문) 청주지방법원 2020.04.08 2019고단297

강제추행

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant and the victim B (ma, 38 years of age) are between the defendant and the victim (math, 38 years of age).

On April 7, 2018, at around 22:10, the Defendant: (a) followed the victim who was seated by “D” located in “D” located in “D” in “Cheongju-si, Cheongju-si; (b) and (c) the victim’s left side of the victim’s face was divided into approximately 1:2 seconds.

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

Around 02:02 on May 8, 2019, the Defendant: (a) expressed the victim’s words “pony son” in the G management of the victim F (F) located in the Cheongju-si, Cheongju-si, Cheongju-si, to live together; (b) to report illegal business; (c) to be reported; (d) the victim’s own arms; (b) the victim was honed; (c) the victim was honed; (d) the victim was honed; and (d) the victim was honed; and (d) the victim was honed to move to another place to get out of the Defendant; and (e) the victim was honed into the victim’s chest; and (e) the victim was honed to leave the Defendant; and (e) the victim was forced to commit an indecent act by force; and (e) the victim continued to commit an indecent act against the victim.

Summary of Evidence

1. Examination protocol of suspect against the defendant (2019 Highest 297 case);

1. The prosecutor's statement concerning F;

1. Application of the police statement law to B and H

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

1. Articles 47 (1) and 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the main sentence of Article 49 (1) and the main sentence of Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 2 of the Addenda to the Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018) of the Act on Welfare of Persons with Disabilities.