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(영문) 청주지방법원 2019.07.18 2018고단2446
강제추행
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

The defendant is the chairman of the council of occupants' representatives of Seocho-gu B Apartment-gu, Seocho-gu, and the victim C (the victim, the 34 years of age) was the current or former auditor of the council of occupants' representatives.

At around 09:10 on November 7, 2016, the Defendant committed an indecent act by force against the victim on five occasions from around 09:00 to May 8, 2017, including: (a) the victim’s knife “I am knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 298 of the Criminal Act and the choice of punishment for the 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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

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 an order to disclose, notify, and place an employment restriction order, the proviso to Article 49(1), the proviso to Article 50(1), the proviso to Article 56(1), Article 2 of the Addenda to the Welfare of Disabled Persons Act (Act No. 15904, Dec. 11, 2018), Article 59-3(1) proviso to Article 59-3(1) of the Welfare of Disabled Persons Act, and thus, it is difficult to readily conclude that there is a risk of recidivism or recidivism of sexual assault due to the lack of force imposed on the accused as a sexual crime. In light of the Defendant’s information registration and taking lectures in the treatment of sexual assault against the Defendant alone, it appears that the registration of personal information and taking part in the treatment of sexual assault can lead to the effect of recidivism, and other profits expected from disclosure order, etc.

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