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(영문) 수원지방법원 안산지원 2016.05.27 2016고단1379

준강제추행

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Criminal facts

On July 24, 2015, the Defendant was sentenced to a suspended sentence of one year for four months of imprisonment with prison labor due to an indecent act committed by force, which was committed in the support of Suwon Fagwon, and the above judgment became final and conclusive on April 29, 2016.

피고인은 2016. 2. 4. 07:40 경 시흥시 C 빌딩 지하 1 층 소재 ‘D’ 구들 짱 방에서 그 곳에서 잠들어 있는 피해자 E( 여, 32세) 을 발견하고는 추행하기로 마음먹고 피해자의 옆에 누운 후 피해자의 상의 안으로 손을 집어넣어 피해자의 허리와 가슴 부위를 만졌다.

Accordingly, the Defendant committed an indecent act against the victim in a state of impossibility of resisting by having locked.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each report on investigation;

1. References to inquiries, application of the Act on Report of Investigation;

1. In light of the pertinent Article of the Criminal Act and Articles 299 and 298 of the Criminal Act regarding criminal facts, the choice of imprisonment (the fact that the defendant commits the instant crime while being tried for the same kind of crime, and has not yet been restored to damage) and so on, a sentence of imprisonment against the defendant is inevitable.

However, the defendant is led to confession and reflect, and the crime of this case is in the concurrent relation between the crime of indecent act by force decided by the judgment and the crime of this case by force after Article 37 of the Criminal Act, and the purport of Article 39 (1) of the Criminal Act should be considered, and the punishment shall be determined as ordered in consideration of all the sentencing conditions shown in the public trial of

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of new information, under Articles 47 and 49 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes subject to Exemption from Disclosure and Notification of Personal Information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (no disclosure and notification of personal information shall be made, taking into account the circumstances before opening).