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(영문) 서울북부지방법원 2020.04.23 2019고단5465
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

1. On September 23, 2019, at around 22:40, the Defendant tried to drink gu in Jongno-gu Seoul, Jongno-gu, Seoul. Around September 23, 2019, the Defendant, as well as the victim D (the 23-year age), who was a guest who was seated therein, would drink gum, and was seated above the victim, and then used the victim's arms, bucks, etc., to be fit for the victim's hand, and to be fit for the victim's dancing.

2. On September 23, 2019, the Defendant: (a) around 22:58, at the fourth floor of the F main point located in Jongno-gu Seoul, Jongno-gu Seoul E-gu, the Defendant was aware of the victims G (the family name, the age of 30) and the victim H (the age of 29) who was a guest who was seated therein; and (b) made the victim’s H while having been aware of the victim’s G; and (c) again, had the victims satisfied with their knowledge.

Accordingly, the defendant forced victims to commit indecent acts.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement of D (tentative name), G (tentative name), and H;

1. A written statement of H, G, and D preparation;

1. Detailed statement of handling each 112 Reporting Cases;

1. Application of Acts and subordinate statutes to report internal investigation (to secure and analyze CCTV images at the site of the incident), and to report internal investigation (to secure and analyzeF CCTV images at the site of the incident);

1. Relevant Article 298 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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. Scope of recommended sentences according to the sentencing criteria;

(a) The mitigated area (one month to one year) of the type of crime and the general standard of the range of recommendations and the crime of indecent act by compulsion (the objects which are not less than 13 years of age);

(b) Scope of recommendations according to the standards for handling multiple crimes: One month to one year (one-third of the upper limit of crimes No. 1/2 of the upper limit of crimes No. 2).

2. The defendant who was sentenced to punishment by force shall not be a person who is under probation due to the crime of indecent act by force.

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