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(영문) 수원지방법원 2020.09.17 2019고단2641
강제추행
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On February 7, 2019, at around 06:40, the Defendant was boarding D E at the bus stops located at the upper end of the Dong-gu, Simsan-si, Simsan-si, the Defendant: (a) 06:50 on the same day; (b) she had the victim F (hereinafter 27 years old) seated at front of the bus at around 06:50 on the same day; and (c) her intent to force the victim by force; (d) her left bridge was moved to the victim’s side; (c) her own bridge was opened to the right side of the victim; (d) she was cut down to the Defendant by cutting off the bridge after deducting the victim’s bridge from the lock; and (e) she got about 1 minute of the victim’s right side by continuing to reduce the snow; and (e) she continued to do so.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning F;

1. Application of the Acts and subordinate statutes concerning the photographics of bus booms and video images;

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

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

1. Where a conviction becomes final and conclusive on the facts constituting a crime that is subject to registration and submission of personal information under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Addenda to the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018), and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities, the Defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

The defendant's age, record, risk of recidivism, contents and motive of the crime, method of the crime, seriousness of the crime, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order, the preventive effect and protection of the victim of the sexual crime subject to registration which can be achieved.

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