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(영문) 수원지방법원 2020.09.10 2020고합57
강제추행치상
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

The defendant is a workplace company of the victim B (n, 35 years of age).

On June 23, 2019, the Defendant: (a) found the victim under the influence of alcohol from a vehicle and opened a door to the back seat; (b) opened the victim’s appearance; (c) opened the victim’s body in the back seat; and (d) opened the victim’s shoulder with the victim’s body strokeh hand; (d) opened the victim’s shoulder by the victim’s body; (e) opened the victim’s shoulder; and (e) opened the victim’s bridge with the victim’s body; (e) opened the victim’s seat; and (e) opened the victim’s bridge with the victim’s body; and (e) opened the victim’s seat and the victim’s seat; and (e) opened the victim’s seat and the victim’s seat; and (e) opened the victim’s seat and the victim’s seat; and (e) opened the victim’s seat to close the door.

As a result, the defendant forced the victim to commit an indecent act and suffered bodily injury, such as salt dynasty, which requires treatment for about two weeks in the process.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. Application of Acts and subordinate statutes to the head of a complaint and his/her accompanying photograph, diagnosis report, and opinion on the injury of the victim;

1. Article 301 of the Criminal Act and Articles 301 and 298 of the Criminal Act concerning criminal facts and the choice of limited imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the grounds for the relevant punishment);

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and notification order; the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); the Defendant’s age, criminal record, risk of recidivism; the type, motive, process, disclosure and notification of the instant crime.

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