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(영문) 전주지방법원 2018.12.07 2018고단1130
준강제추행
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On April 28, 2018, around 06:17, the Defendant, at the third floor of “C soup 2,” located in Yasan-gu, Jeonju-si B, and was frying the Defendant’s body back to the victim D (V, 20 years of age), and was pushed the victim’s body, and was humping the victim by one hand.

Accordingly, the defendant committed an indecent act by force against the victim by taking advantage of the victim's mental and physical loss.

Summary of Evidence

Application of CCTV video statutes in the police statement protocol against a defendant's legal victim

1. Relevant Articles 299 and 298 of the Criminal Act concerning the facts constituting an offense, 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 to Order;

1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Public Disclosure Orders and Notification Orders, Article 49(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 50(1)2 of the main text of Article 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, are relatively minor, or the defendant has been punished twice for committing an offense in the same soup, and one of them has been sentenced to punishment and an electronic device attachment order. The defendant is subject to punishment once in consideration of all the circumstances, such as the fact that there is a significant gap between sexual orientation and social order, such as having been punished four times as a crime of obscene performance, and that there is a high risk of recidivism.

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