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(영문) 청주지방법원 2020.08.12 2020고단388
강제추행
Text

A defendant shall be punished by imprisonment for not more than ten months.

The information on the accused shall be disclosed through an information and communications network for three years.

Reasons

Punishment of the crime

At around 01:30 on November 17, 2019, the Defendant: (a) placed a singing practice room in the “C” singing practice room located in Heung-gu, Chungcheongnam-gu, Chungcheongnam-gu; (b) placed the victim D (one’s name, two years of age); (c) placed the victim’s home in a singing practice room; (d) forced the victim to enter; and (e) placed the victim’s own chest on the part of the victim; and (e) placed the victim’s arms into the victim’s arms while pushing the Defendant’s body; and (e) committed an indecent act by forcing the victim’s breast immediately by taking advantage of the victim’s arms.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to D;

1. Application of Acts and subordinate statutes to the Kakao Stockholm photographs and gene appraisal letters;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

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

1. Articles 47 (1) and 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the main sentence of Article 49 (1) and the main sentence of Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Grounds for sentencing under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

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

2. The scope of recommended sentences according to the sentencing criteria (the determination of types of sex offenses);

B. Although the Defendant, who did not have a general indecent act by compulsion (type 1) [the subject of 13 years of age or older], submitted to an investigative agency a written agreement containing the victim’s signature, the victim stated that “In order to receive compensation for damage, the victim shall have signed the written agreement and signed the document in blank and want to punish the Defendant.” As such, it is difficult to deem that there was a victim’s genuine intent to punish the victim.

[Recommendation and Scope of Recommendation] Basic Field, 6 months to 2 years of imprisonment

3. Determination of sentence;

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