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(영문) 대구지방법원 포항지원 2021.02.10 2020고단1140
강제추행
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 40 hours.

Reasons

Criminal facts

The defendant was a member of the KAB, and the victim C (the name, the age of 27) is a member of the D company.

On July 23, 2020, the Defendant 10 and 10 in the F cafeteria room located in Southern-gu E at the port of port around 19:30, the Defendant, while drinking, was able to write down twice the inside of the victim’s buckbucks that continued to be able to be able to fill the victim’s breast at the victim’s side while being drunk.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police in relation to C (tentative name) and G;

1. A complaint, monetary records, text records, personnel records, and career certificates;

1. The application of Acts and subordinate statutes to investigation reports (record writing and report);

1. Relevant provisions of the Criminal Act, the choice of punishment for the crime, Article 298 of the Criminal Act, and the choice of imprisonment;

1. Grounds for sentencing under Article 56 (1) (main sentence) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 59-3 (1) (main sentence) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, etc., of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The scope of punishment by law: One month to ten years;

2. The scope of the recommended punishment according to the sentencing criteria [the types of sex offenses];

B. [Attachment 1] The crime of indecent act by force (subject to more than 13 years of age) [No person subject to special punishment] who committed an indecent act by force (subject to special punishment]; the basic area of recommendation and the scope of recommended punishment]; six months to two years [the person subject to general sentencing] [the grounds for suspended execution] - The general grounds for suspended execution are not identical criminal records and there are no criminal records of suspended execution or heavier punishment than imprisonment without prison labor

3. The above sentencing factors are together with the above sentencing factors: (a) the degree of indecent act is significant due to the continuation of indecent act, etc. despite the detention around the time of the crime; (b) the victim wanting to have a serious mental suffering, and (c) other records and arguments such as the motive, means and result of the crime in this case; and (d) the circumstances after the crime, the age of the defendant, the sex behavior and environment, and the history of punishment.

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