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(영문) 인천지방법원 부천지원 2021.01.20 2019고단3734
강제추행
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On June 30, 2019, around 20:50, the Defendant: (a) committed an indecent act on the part of the Defendant, following the victim D (name, leisure, age 41) who was under the influence of alcohol and was under the influence of alcohol in the “C” located in Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, B; and (b) committed an indecent act on the part of the Defendant’s two arms.

2. On July 1, 2019, around 20:36, the Defendant committed an indecent act on the part of the Defendant, following the Victim G G (a name, leisure, age 24) boarding the Defendant’s hand room of the Defendant’s Defendant on the back side of the damaged person’s knife, using the damaged person’s left knift.

Summary of Evidence

1. Application of the Acts and subordinate statutes on the recording of CCTV images for crime prevention to the Defendant’s legal statement D and G, each of the police statements by the Defendant, 112 reported, to the effect that the CCTV photographs in the F history are to be taken;

1. Article 298 of the Criminal Act concerning the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed under Order to complete a program under Article 50 of the Criminal Act, which aggravated punishment for concurrent crimes subject to the imposition

1. Grounds for sentencing under Article 2 of the Addenda to the Act on the Protection of Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020); Article 56(1) main text of the former Act on the Protection of Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020); Article 59-3(1) main text of the Welfare of Persons with Disabilities Act

1. Scope of punishment by law: Imprisonment with prison labor for one month to fifteen years;

2. Scope of the recommended sentences according to the sentencing criteria;

(a) A Class 1 crime (indecent act by force) (a) sex offense;

(b) [Type 1] There is no person who commits an indecent act by force (subject to more than 13 years of age) in general (subject to special sentencing] [the territory of recommendation and the scope of recommended punishment] basic area, six months to two years of imprisonment;

(b) Type 2 crimes (indecent acts by force). General standards for sex offenses;

(b) Crimes of indecent conduct by force (subject to at least 13 years of age) / [Class 1] General compulsory indecent conduct [person subject to special sentencing] mitigation element: The area of mitigation of punishment [the area of recommendation and the scope of punishment], the area of mitigation of punishment [the area of recommendation and recommendation], January through one year;

(c) Scope of punishment recommended according to the standards for handling multiple crimes:

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