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(영문) 대전지방법원 2020.05.15 2020고단924
강제추행
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On January 14, 2016, the Defendant was sentenced to 6 months of imprisonment and 2 years and 6 months of imprisonment with labor in the Daejeon District Court on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and completed the execution of the sentence on July 16, 2018.

On November 29, 2019, the Defendant purchased an electronic tobacco from the victim C (the 21-year old), who is an employee at the electronic tobacco sales store located in Daejeon-gu, Daejeon-gu, Daejeon-gu, the Defendant stated that “The Defendant was punished by imprisonment for not less than three years. At once, the Defendant got home to singing together with a singing room. The Defendant was accused of sexual indecent act that he was sexually indecent act that he was sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually,” and at the same time, the Defendant took the victim’s left chest at one time with the victim’s own hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement regarding C;

1. CCTV images;

1. Criminal records, inquiry reports, investigation reports (reports on criminal records of suspects, confirmation of repeated crimes), copies of judgments, and arguments and judgments of the accused regarding the status of confinement of individuals;

1. The Defendant alleged that he had been forced to commit indecent acts by compulsion and had talk about the victim’s death that he had been forced to commit indecent acts by compulsion, and that he had contacted the Defendant’s hand on the victim’s chest, but there was no intention to commit indecent acts.

2. In full view of the following circumstances acknowledged by the evidence as seen earlier, namely, the victim made a statement consistent with the facts constituting an offense in the investigative agency, and CCTV also confirmed that the Defendant’s part of the victim’s left chest by extending to outside his hand can be confirmed, it is sufficiently recognized that the Defendant committed an indecent act against the victim as stated in the facts constituting an offense in the judgment, and the Defendant’s indecent act is sufficiently recognized in light of the parts and circumstances committed by the indecent act.

Therefore, the defendant's above assertion is without merit.

Application of Statutes

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