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(영문) 대전지방법원 2020.08.13 2020고단1848
강제추행
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

At around 01:30 on January 8, 2020, the Defendant committed indecent acts by force against the victim C (a person, scam, 20 years of age) who was a customer at a restaurant operated by the Defendant in Daejeon Seo-gu, Daejeon, the Defendant: (a) took custody of the victim’s shoulder and arms by hand; (b) took the victim’s shoulder and bucks; (c) thereafter, the victim scam in the table where the victim scams alcohol; and (d) took the bucks of the victim by hand, and (e) took the victim’s chest from behind the victim, and scams of the victim by hand took the victim’s chest, and (e) took the victim’s breast.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. C (Gain) and D’s written statement of statement by each police officer, a photograph submitted by the witness, a CD storage file, a photograph of the suspect’s scene of the crime, and a transcript;

1. Application of Acts and subordinate statutes to investigation reports (investigation, etc. into photographs and videos of reference witnesses);

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

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

1. Grounds for sentencing under Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019), 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. The scope of recommended sentences according to the sentencing criteria (the determination of types of sex offenses);

(b) The basic field of the crime of indecent act by compulsion (the person under 13 years of age or older) [the first category] general indecent act by compulsion [the scope of the recommended field and the recommended range], and six to two years of imprisonment;

2. The decision-making accused acknowledges all of his own crimes.

On the other hand, there is no record that the defendant was punished for the same crime.

However, the nature of the instant crime is not good in light of the background of the instant crime, the method of indecent act, and the commission of indecent act.

A victim who has suffered considerable sexual humiliation and mental pain due to the defendant's crime shall be deemed to have suffered.

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