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(영문) 서울북부지방법원 2017.11.16 2017고단3821

강제추행

Text

A defendant shall be punished by imprisonment for one year.

The defendant shall order the completion of a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

1. At around May 18, 2017, Defendant 201, Defendant 3821, at the opening of the D Station located in Gangnam-gu Seoul, Gangnam-gu, Seoul, for the purpose of reporting and committing an indecent act against the victim E (a name, 21 years of age) at the opening of the D Station located in Gangnam-gu, Seoul. Defendant 1 committed an indecent act against the victim by coercioning the victim E (a name, and 21 years of age).

2. At around September 19, 2017, Defendant 2017, Defendant 4290, on the street in front of the “G”’s clothes store located in Seongbuk-gu Seoul, Seongbuk-gu, Seoul on September 19, 2017, Defendant Da Da Da to the victim H (V, 22 years of age) who was taking a mobile phone into the mobile phone, committed an indecent act by force on the part of the victim as he was in charge of the victim’s negative part before the victim.

Summary of Evidence

[2017 Highest 3821]

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement of I and J (2017 senior group 4290);

1. Statement by the defendant in court;

1. Application of statutes on police statements made to H to H;

1. Relevant provisions of the Criminal Act and Article 298 of the Criminal Act concerning the selection of punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, profits and preventive effects expected due to the instant disclosure order and notification order, disadvantages and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

(C) The grounds for sentencing

(a) The basic area (6 months-2 years-2 years-2) of the crime of coercion by force (subject to at least 13 years-2) on the part of the victim H;

(b) victims E;