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(영문) 서울중앙지방법원 2019.11.22 2019고합663
강제추행치상
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

Around 23:20 on May 19, 2017, the Defendant was working as the Vice Minister C, and was forced to take back the Victim’s shoulder and hand from the front of the G Building, and forced to take the Victim’s shoulder and hand trees in front of the building, and pushed the Victim into the wall, and attempted to put the Victim into the wall 3, 4 times, and 3, and 4 times, and the Victim refused to take advantage of body of the Victim’s bucks, breast, etc., by forcing the Victim to commit an indecent act by force, and thereby, the Victim was able to take care of approximately 2 weeks, such as the Victim’s bucks, bucks, and bucks.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and H;

1. Police officers and prosecutor's protocol of statement concerning F;

1. Each part of the statement and answer sheet prepared by the defendant;

1. Notice for counseling on grievances, such as sexual harassment (excluding part concerning statements made by victims);

1. A medical certificate of injury (excluding part concerning the statement of the victim), medical certificate, and medical opinion;

1. A medical expenses statement and a statement of hospitalization and treatment;

1. A detailed statement of currency;

1. Text messages;

1. Application of Acts and subordinate statutes to photographs of the upper part of the body;

1. Relevant Articles of the Criminal Act and Articles 301 and 298 of the Criminal Act concerning the crime;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the following reasons for sentencing):

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

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352, Jan. 16, 2018); Article 56 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018); Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities

1. Article 47 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure orders and notification orders;

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