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(영문) 서울북부지방법원 2019.06.20 2018고단5434
강제추행
Text

The punishment of the accused shall be determined by imprisonment with prison labor for ten months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 6, 2018, at around 00:18, the Defendant committed an indecent act by force against the victim by approaching the victim D (name, finite, age 20) who was returning home and preventing him/her from suffering due to his/her own fault, making his/her left chest back several times, and forcing him/her to commit an indecent act.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of CCTV Acts and subordinate statutes;

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

1. Article 62 (1) of the Criminal Act;

1. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation and Order to Attend Courses;

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 Act on the Protection of Children and Juveniles against Sexual Abuse (in full view of the Defendant’s age, occupation, family environment, social ties, criminal records and the risk of re-offending, benefits and preventive effects expected from the instant disclosure order and the instant notification order, and disadvantages and side effects therefrom, there are special circumstances in which the Defendant’s personal information shall not be disclosed or notified).

1. Grounds for sentencing under Article 56 (1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse who are subject to employment restrictions;

1. The basic area (six months to two years) of the type of the crime of indecent act by force (persons aged 13 or older) according to the sentencing guidelines;

2. On the side side side of the apartment complex at night where the sentence of sentence was rendered, it appears that the victim was suffering from indecent act by the Defendant at the time, and that the sexual humiliation or mental shock was considerably high, and that the victim was not able to have been able to receive from the victim.

The nature of the crime is very bad in view of the specific form of the crime that prevents the victim from being injured by his/her hands and meets the chest of the victim.

On the other hand, the defendant is guilty.

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