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(영문) 서울중앙지방법원 2019.08.30 2019고단1650
강제추행
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Criminal facts

On January 1, 2019, the Defendant was sentenced to two years of suspension of the execution of imprisonment with prison labor for occupational embezzlement, etc. at the Gwangju District Court on January 1, 2019, and the said judgment was finalized on January 19, 2019.

The defendant is a assistant of C in Dongjak-gu Seoul Metropolitan Government, and the victim D (the 19-year-old) who was a guest who was found to get his house around August 22, 2017, and she gets to drink and play in a singing room, and when the defendant she gets the victim to drink and drink the drinking at the singing room, the defendant she must do so at the victim's meeting "I am to drink and drink the drinking. I am well me to see the film," and she got the victim to the Ecomto in Seoul Special Metropolitan City Ecom.

At around 03:00 on August 23, 2017, the Defendant: (a) 03:00, the Defendant saw the TV to sit in a bend, cut off the cell phone to the victim with the cell phone, cut off the cell phone; (b) taken the victim’s arms into a bend, frighted on the part of the victim; and (c) took off the victim’s arms; and (d) took the victim’s arms, and (e) took the victim’s arms, the Defendant her body is good; (b) the Defendant spucks of the victim with his hand; (c) the Defendant spucks of the victim; and (d) the Defendant spucks of the victim with his hand; and (d) committed indecent acts by force against the victim, such as forcing the victim to fill his fingers into the victim’s arms.

Summary of Evidence

1. Legal statement of witness D;

1. Details of text messages sent and received by the suspect and the victim;

1. Previous records of judgment: Application of criminal records, written judgments (Case No. 2017 High Court Decision 2017 High Court Decision 4858), records of past prosecution disposition and records of past prosecution confirmation;

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act dealing with concurrent crimes;

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) and the Gu.

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