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(영문) 서울북부지방법원 2019.07.12 2019고단545
강제추행
Text

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

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

The defendant and the victim B (the family name, the female, the age of 23) are between the two people who come to know through the male-friendly arrest C by the victim.

On September 30, 2018, at around 19:15, the Defendant, in a special room of the Enocom Bank 1 located in Gangnam-gu Seoul, Gangnam-gu, Seoul, with the victim, C, and the Defendant’s female-friendly job offers F, etc., was able to commit an indecent act against the victim while singing singing together with the victim, C, and F.

The Defendant, who singing, talked with the victim that kis on the kis, kis on the kis, kis on the kis, kis on the kis, and kisss on three occasions with left hand, and kis on the kis, skids and kis

Summary of Evidence

1. Application of the Acts and subordinate statutes on the notification of 112 Incident to the defendant's partial statement B (tentative name), each written statement of the police statement B (tentative name) to C, and report of internal investigation (the security of CCTV images at a place of crime, etc.) by internal investigation (the security of CCTV images at a place of crime);

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

1. The instant crime on the grounds of sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed against the Child and Juvenile under Employment Restriction Order, Article 56(1) of the Act on the Protection of Children and Juvenile against Sexual Abuse, and Article 59-3(1) of the Act on Welfare of Persons with Disabilities is deemed to have committed an indecent act by the Defendant on the grounds that the Defendant was under the influence of alcohol, and thus, it appears that the Defendant’s mental shock and sexual humiliation was reasonable. However, even though the Defendant was under the influence of alcohol and did not take any particular measures for the recovery of damage, the Defendant wanted to be punished against the Defendant.

In addition, the defendant's age, character and conduct, environment, relationship with the victim, records of the same crime, motive and circumstances of the crime, means and results thereof, and all the sentencing conditions shown in the records of this case and the trial process shall be comprehensively considered.

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