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(영문) 청주지방법원 2019.09.25 2019고단1278
강제추행
Text

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

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

Reasons

Punishment of the crime

At around 05:30 on January 19, 2019, the Defendant stated that “I am able to take off losses” to the victim D (W 19 years old, I am able to take off losses) who first met with the introduction of friendship C at the jurisdiction of Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, and that I am able to take off losses.”

The Defendant continued to install apps to the mobile phone of the victim and bring the victim's mobile phone to the mobile phone, but the victim was refused from the victim, and the victim was knife with his/her mobile phone by hand, and the victim was knife with the victim's hand even though the victim got knife his/her hand, but became knife with his/her hand.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

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. An order to disclose personal information, an order to notify such information, and Article 47 (1) and Article 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an employment restriction order, the proviso to Article 49 (1), Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 56 (1), the Addenda to the Act on Welfare of Persons with Disabilities (amended by December 11, 2018), and the proviso to Article 59-3 (1) of the Act on Welfare of Persons with Disabilities (the Defendant’s age, occupation, recidivism risk, motive and method of the instant crime, consequence and severity of the instant crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s personal information to be achieved, the preventive effect and effect of the sexual crime subject to registration, the effect of protection of the victim, etc., should be comprehensively considered, and there is no special reason to impose an employment restriction order and the sentencing order

1. One month to ten years from the date of imprisonment in the scope of punishment by law;

2. The sentencing criteria shall be set.

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