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(영문) 의정부지방법원 고양지원 2020.07.23 2020고단1215
강제추행
Text

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

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

Reasons

Punishment of the crime

At around 06:30 on July 28, 2019, the Defendant returned to E while drinking together with the male and female job offers of the victim C (the age of the victim stated in the indictment of 37 years of age; hereinafter the Defendant corrected the age of the victim stated in the indictment) located in B at his/her domicile, and returned to E while drinking together with the male and female job offers of the victim, and was locked in the victim, D and ward.

The Defendant reported the victim’s appearance that he was living in a ward at the above date, time, and at the above place, he saw the victim’s chest with the victim’s own hand, and even though the victim refused to “I am.”, the Defendant forced the victim to commit an indecent act by force.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of police statement protocol to C

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

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

1. 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 or notify information; the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1662, Nov. 26, 2019; the Defendant’s age, occupation, risk of recidivism; the type, motive, process, disclosure or notification of the instant crime; the degree of disadvantage and anticipated side effects of the Defendant’s entry due to such order; the prevention

1. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Nov. 26, 2019); Article 56(1) proviso of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020); Article 59-3 of the Welfare of Disabled Persons Act.

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