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(영문) 인천지방법원 부천지원 2019.07.10 2019고단1134
준강제추행
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On March 12, 2019, around 03:40 on 03:40, the Defendant: (a) made soup at the 17th floor “C Syna,” the Defendant: (b) made soup the victim D (a) who was divingd above the beer and fright bed; (c) made an indecent act on the right side of the victim; and (d) took the Defendant’s sexual flag toward the right side of the victim.

Accordingly, the defendant committed an indecent act against the victim by taking advantage of the victim's refusal to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to D;

1. Application of the Acts and subordinate statutes of photographic pictures to photograph the figures of entering Korea by the suspect, and those of the 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. Article 16 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. In full view of the following circumstances: Article 47(1) and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information; Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (see, e.g., the Defendant’s age, social ties, risk of repeating a crime; benefits and preventive effects expected from an order to disclose or notify registered information to the Defendant; and disadvantages and side effects

1. Grounds for sentencing under Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Scope of punishment by law: Imprisonment with prison labor for not more than ten years;

2. Scope of recommendations according to the sentencing criteria: Imprisonment with prison labor for not less than six months to not more than two years (decision of a type): General standards for sex crimes;

(b) The crime of indecent act by compulsion (the 13 years of age or older) [the first category] general area of indecent act by compulsion [the scope of the recommended field and the recommended range], six months to two years of imprisonment [the general person] - the mitigated element: The serious reflectivity;

3. Determination of sentence: Imprisonment with prison labor for the defendant of six months shall be the Incheon District Court on September 21, 2016.

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