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(영문) 부산지방법원 2015.08.20 2015고단4056

강제추행

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On June 19, 2013, the Defendant was sentenced to two years and six months of imprisonment for the crime of indecent act by force, etc. at the Busan High Court on February 9, 2015 and completed the execution of the sentence at the Busan Detention Center.

On June 21, 2015, at around 16:10, the Defendant discovered that the victim D (at the time, 83 years of age) residing in Busan, Yandong C Apartment 114, 104, 102 (at the time, 83 years of age) her house and her corridor her cane and her cane, and followed, the Defendant her left hand her to 3:4 times, discovered the victim's her face, discovered the victim's back to her house, and then found the victim's back to her house, prevented the victim from leaving her seated with her hand, and forced the victim by inserting her hand into the victim's panty, and committing an indecent act by force.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. A report on investigation (in cases of attaching a place for committing a crime and CCTV at the scene);

1. Previous records of judgment: Application of criminal records, investigation reports (former records of a suspect, files of a written judgment, etc.), the status of acceptance by an individual, the status of acceptance by an individual, and reporting the results of confirmation and confirmation of the previous records;

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

1. Article 35 of the Criminal Act among repeated crimes;

1. 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 sexual crime subject to the registration of personal information under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Articles 49 and 50 of the Act on the Protection of Children and Juveniles against Sexual Abuse, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused is obligated to submit personal information to a related agency

Although the defendant's reason for sentencing is against the defendant, this case is again more than four months from the time when he was discharged from prison due to an indecent act by force, such as the first criminal facts written in the judgment of the defendant.