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(영문) 인천지방법원 2019.08.28 2019고단2610
준강제추행
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

The defendant is the victim B (n, 20 years of age)'s compensation for the workplace.

On January 31, 2019, the Defendant: “D” located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon; (a) prevented the victim from using his workplace rent; and (b) took the victim’s male-friendly implements around the victim from drinking alcohol with his own workplace rent; and (c) went back to the singing room where the victim’s male-friendly implements were in a neighborhood; (d) the victim’s male-friendly implements were drunk and returned home first, and the victim got home to the singing room where the victim was locked.

At around 02:50 on February 1, 2019, the Defendant: (a) reported the victim, who was under the influence of alcohol and was locked in small wave; (b) had the victim's mind to commit an indecent act against the victim; (c) had the victim's primary spande by raising the victim's primary spande to the upper part; and (d) had the victim's panty spanty spande up to the upper part of the spande; and (c) had the victim's panty spande to the upper part of the spande.

Accordingly, the defendant committed indecent acts against the victim by taking advantage of the victim's mental or physical state of difficulty.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. Application of the Acts and subordinate statutes on internal report (CCTV reproduction and closure);

1. Relevant Articles of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the crimes;

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

1. Where a judgment becomes final and conclusive on the obligation to register and submit personal information pursuant to Article 56(1) 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 Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018) and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities, the Defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc.

The defendant's age, occupation, risk of recidivism is exempted from the disclosure order or notification order.

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