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(영문) 대전지방법원 2021.02.18 2020고단4595
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 24, 2020, the Defendant: (a) committed an indecent act against the victim C (hereinafter “B”); (b) committed an indecent act against the victim C, a place of work, at “B” outdoor storage located in the impulse, at around 09:30 on February 24, 2020; (c) committed an indecent act against the victim by having the victim known of both hand.

2. The Defendant, on February 24, 2020, at around 12:03, committed an indecent act against the victim under cleaning at the first floor mixing room of the above-mentioned comprehensive food, in mind that the victim was forced to commit an indecent act against the victim, and only once the victim’s right chest was delivered to the victim with the rear hand of the victim, and the victim “at least n’s chest.”

“Indecent act by force against the victim”.

Summary of Evidence

1. Statement by the defendant in court;

1. Some statements made against the defendant during the police interrogation protocol;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a report on investigation into the complaint filed against CCTV or CCTV-recording CDs (investigation into evidence submitted by the complainants);

1. Article 298 of the Criminal Act applicable to the facts constituting a crime and Article 298 of the choice of punishment for concurrent crimes (Selection of Imprisonment), the former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Grounds for sentencing under Article 16(2) main sentence of Article 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes and Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019); 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 Persons with Disabilities Act

1. Scope of the recommended sentences according to the sentencing criteria;

(a) Crimes Nos. 1 and 2 (indecent Acts by force) (any type of sex offense);

(b) [Type 1] There is no person who commits an indecent act by force (subject to more than 13 years of age) in general (subject to special sentencing] [the territory of recommendation and the scope of recommended punishment] basic area, six months to two years of imprisonment;

(b) Scope of punishment recommended according to the standards for handling multiple crimes: Six months to three years of imprisonment (the maximum of crimes No. 1).

2. Determination of sentence: (a) the background of the instant crime; (b) the method of prosecution; and (c) the stage of prosecution.

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