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(영문) 수원지방법원 안산지원 2020.05.27 2020고단131
준강제추행
Text

A defendant shall be punished by imprisonment for six months.

To order the defendant to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The defendant is an elementary school of the victim B (n, 20 years of age).

At around 01:00 on December 1, 2019, the Defendant drinkd with the victim in the residence of the victim of Dong-gu, Dong-gu, Dong-gu, Dong-gu, Dong-gu, and D, and around 04:00 on the same day, the victim was divingd from the bed from the bed lower floor below the bed by the Defendant.

At around 07:50 on the same day, the Defendant: (a) spanty of the victim, spanty of the victim, spanty of him; (b) spanty of the victim, spanty of him, spanty of him, and her brode into the victim’s panty and brode, and spanch of the victim.

Accordingly, the Defendant committed indecent act against the victim who was unable to resist.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to a recording book (a copy of voice recording submitted by a victim);

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

1. Where a conviction of a sex offense subject to registration becomes final and conclusive on the judgment that constitutes a sex offense subject to registration under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal

In full view of the Defendant’s age, occupation, risk of recidivism, content and motive of the crime, method and seriousness of the crime, disclosure notification order and employment restriction order, the degree of disadvantage and anticipated side effects to be affected by the Defendant, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, the victim protection effect, etc., the Defendant is determined to have any special circumstance that may not disclose and notify personal information or restrict employment. Thus, Article 47 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

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