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(영문) 춘천지방법원영월지원 2020.12.22 2020고단348
강제추행
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At the time of the instant case, the Defendant visited the C Hospital located in Gangnam-si B as a patient, and the victim D (n, 24 years of age, 24 years of age) is a dentist at the said hospital.

On March 26, 2020, at around 11:30 on March 26, 2020, the Defendant committed an indecent act against the victim by forcing him to commit an indecent act against the victim who is diagnosing and treating the Defendant in the main facts of the fourth floor of the above hospital, and by using the victim’s words, such as “the victim’s sexual intercourse ......................, the Defendant, with a bad hand, made the victim’s words, such as “the victim’s sexual intercourse ..................”

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes to the 112 reported case list, name tag painting, field map, field map, and field photograph;

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 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (No. 16622, November 26, 2019), Article 56 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020); the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure and notification order; 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); and the participation in the sexual assault treatment curriculum; and the employment restriction order alone appears to have an effect of preventing recidivism to a certain extent; and other Defendant’s age, family environment, social relationship, anticipated profits and preventive effects from the disclosure and notification order, and disadvantages and side effects therefrom.

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