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(영문) 청주지방법원 2018.12.06 2018고단561
준강제추행
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

【Criminal Records】 The Defendant is a person who had been sentenced to a suspended sentence of two years for eight months of imprisonment due to an indecent act committed by the Cheongju District Court on February 6, 2004.

【Criminal facts” from around 08:30 on September 21, 2017 to around 09:00, the Defendant discovered the victim D (e.g., 21 years old) and the victim E (e.g., 22 years old) that were accumulated in the soup room of “C” located in Cheong-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Cheong-gu, and then rhumbbbbbbbbs of the victim E, which were generated in the victim D’s side of the victim D due to the Defendant’s appearance, was used as the Defendant’s appearance.

Accordingly, the defendant committed an indecent act against the victims by using the state of resistance impossibility of the victims.

Summary of Evidence

1. Each legal statement of E and D;

1. Each police statement made with respect to E and D;

1. A report on internal investigation (specific person under suspicion);

1. Images and CCTV images CDs following a CCTV course;

1. 112 Reporting case handling table;

1. Previous convictions in the judgment: A response to inquiries, such as criminal history, investigation report (formers and attachment of the judgment) (the defendant and his/her defense counsel only took place under the direction of the victims within the time set by the defendant and did not commit an indecent act against the victims;

However, in full view of the evidence duly adopted and examined, it can be sufficiently recognized that the defendant used the CCTV for the victim's pathy and bucks by taking it out at the place where the victims are in his/her own possession, and that he/she went out to do so so in order to clearly identify the victim's sound, so the above argument is not acceptable).

1. Relevant Articles 299 and 298 of the Criminal Act and the choice of imprisonment with labor for the crime;

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 2 of the same Act concerning the aggravation of concurrent crimes;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Protection of children and juveniles against sexual traffic who are subject to employment restrictions;

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