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(영문) 서울북부지방법원 2019.05.23 2018고단5051
준강제추행
Text

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

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

Reasons

Punishment of the crime

On July 3, 2018, around 00:51, the Defendant discovered the victim D(the age of 21) under the influence of alcohol in the distance near the subway line 6 subway lines located in Yongsan-gu Seoul Metropolitan Government, and walk the victim's horse, followed the victim, and followed the victim, and thereafter, she spared the victim as his hand, and she spared the victim in both sides of the victim.

The defendant continued to post the victim who gets a taxi in the subway line 6 subway lines located in Yongsan-gu Seoul, Yongsan-gu, Seoul, followed by the victim, who was going to get a taxi in the street 6 U.S., and collected the victim's hand into the victim's panty line, stored the victim's drinking part in the victim's panty line, stored another hand into the victim's brogate, and stored the victim's right chest.

Accordingly, the Defendant committed an indecent act against the victim under the influence of alcohol.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Legal statement of witness D;

1. A victim's photograph;

1. Application of the 112-Report CDs, CCTV image CD-related Acts and subordinate statutes;

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 conviction becomes final and conclusive on the facts constituting a crime in which he/she shall register and submit personal information under Article 56(1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the accused is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to a competent agency

The age, occupation, risk of recidivism, type of crime of this case, motive, process of crime, disclosure order or notification order of the defendant exempted from disclosure order, the degree of disadvantage the defendant suffers, the prevention of sex crimes subject to registration, and the protection of the victim.

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