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(영문) 청주지방법원 2020.01.16 2019고단2390
강제추행
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On June 20, 2019, the Defendant: (a) around Jincheon-gun B, and around June 20, the Defendant: (b) committed indecent act by force on the part of the victim D (here, 29 years old); (c) on the part of the Defendant, who was going to work daily by introducing a human resource office to a human resource office.

2. 피고인은 2019. 6. 21.경 제1항 기재 장소에서 위 피해자에게 “내 성기를 잡고 있어라”라고 말하고 이에 피해자가 거부하자 기계를 누르고 있으라고 말하여 피해자가 기계를 누르고 있자, “가슴꼭지가 조그만 거냐 큰 거냐. 한번 보자”라고 말하며 손으로 피해자의 윗옷을 당겨서 피해자의 가슴을 보고, 손으로 피해자의 가슴을 만져 피해자를 강제추행하였다.

3. On June 22, 2019, the Defendant: (a) forced the victim’s grandchildren at a place specified in paragraph (1) to put the victim’s grandchildren into the Defendant’s sexual organ; and (b) led the victim to an indecent act by force by force, such as taking the victim’s grandchildren.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes to reports on the occurrence of accidents, forests, and CCTV in places of occurrence;

1. Relevant Articles of the Criminal Act and the choice of punishment concerning the facts constituting a crime, Article 298 of the Criminal Act and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. In light of Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure order and notification order, the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant’s home environment, and social relationship, etc., personal information registration and order to complete a program against the Defendant can be effective in preventing recidivism.

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