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(영문) 청주지방법원 2020.05.08 2020노81
강제추행
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Sexual assault, 40 hours against the defendant.

Reasons

1. Summary of grounds for appeal;

A. On June 21, 2019, the charge of indecent act by compulsion on or around June 21, 2019 (Article 2 of the Criminal Procedure Act), and the Defendant did not have any fact that the victim’s chest by hand was delivered.

Around June 22, 2019, the charge of indecent acts by compulsion (Article 3 of the facts of prosecution) and the defendant are less than the victim's grandchildren, but there is no fact that the victim's grandchildren are contacted by the defendant's sexual intercourse.

B. The sentence imposed by the lower court (one year of imprisonment, 40 hours of completing sexual assault treatment programs, and 3 years of employment restriction) is too unreasonable.

2. Determination

A. As to the facts charged in the trial, the prosecutor of the judgment ex officio maintained the name of the crime and the applicable provisions of the law as they are, and applied for changes in the indictment in Paragraph 2 of Article 2 of the facts charged, which read, “the victim’s chest was sent in his/her hands to the victim, and the victim’s chest was delivered to him/her by hand, and the victim’s chest was taken to the victim’s chest with his/her secret in front of the victim, and the victim’s chest was taken to the victim’s breast with his/her clothes, and the victim was indecently compelled by force.” In Article 3 of the facts charged, the court below applied for changes in the indictment to the effect that “the victim’s finger was forced to take the victim’s finger by force, and the victim’s finger will come to the Defendant’s sex, and the court below was modified by this permission, thereby making it impossible to maintain it as it is.

On the other hand, while the defendant acknowledges Paragraph (2) of the revised facts charged at the trial court, the defendant still contests Paragraph (3) of the revised facts charged, it will be examined below.

B. The summary of the facts charged is as follows: (a) the Defendant, at around June 22, 2019, tried to have the victim D (the 29-year-old 29-old son) forced the Victim D (the son), and let the Defendant grow close to the Defendant’s sexual intercourse.

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