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(영문) 수원지방법원 2020.08.13 2020고단340
준강제추행
Text

A defendant shall be punished by imprisonment for six months.

To order the defendant to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On June 19, 2019, at around 01:00, the Defendant was placed on the Defendant’s residence located in Ssung City B, along with C’s spouse and the victim D (the name, the 36-year old age), who is his/her workplace, and was able to drink with C, who was locked first, and was able to do so, and the Defendant was placed on the Defendant’s house, and the Defendant was placed on the part of the victim’s room, with his/her hand, which was locked from the living room, and the Defendant was placed on the part of the victim.

In this respect, the victim was committed in indecent act by using the victim's failure to resist.

Summary of Evidence

1. D Legal statements;

1. Application of the Kakao Stockholm messages, caps of the Kakakao Stockholm, copies of medical records, and original photographic Acts and subordinate statutes

1. Relevant Articles of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the crimes;

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

1. In full view of all the circumstances such as disclosure order, notification order, and exemption order of employment restriction order, Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1), the proviso to Article 50(1), the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities (the defendant has no record of being punished for sex offenses up to this system, and personal information registration and completion order of sexual violence treatment program can have an effect of preventing recidivism to a certain extent, the defendant's age, family environment, family relationship, social relationship, relationship with the victim, details and consequence of the crime in this case, disclosure order, notification order, and effect of sexual crimes that can be achieved through the employment restriction order, degree of disadvantage and anticipated side effects of the defendant's entry, it is judged that there are special circumstances concerning the defendant and his defense counsel.

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