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(영문) 수원지방법원 안양지원 2013.12.30 2013고단1341

강제추행

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

During Ansan-si, the defendant was working in the Cdong 1st underground floor D of the Gu, and the victim E (inn, 20 years of age) was working in the 6th floor F of the same building.

1. On August 19, 2013, around 09:02, the Defendant, in the elevator of the above building, committed an indecent act by force against the victim on the part of the victim, who was able to take a bath against the victim and suffered a civilian retail by the Defendant’s selling.

2. On August 21, 2013, at the same place on August 21, 2013, the Defendant, at the same time, committed an indecent act by force against the victim by taking the victim’s desire, taking a part of the part of the Defendant’s arms with his body towards the victim, and knife his knife, taking part of the victim’s knife and knife the part of the victim’s knife with his knife’s clothes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. The screen after a CCTV closure;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 298 of the Criminal Act and the choice of punishment for the crime, Article 298 of the Criminal Act and the choice of imprisonment;

1. Aggravation of concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. For the reasons for sentencing under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49(1) and Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse [the scope of the punishment], one month to fifteen years [the scope of the punishment]: The scope of the punishment of sex crimes, general standards, the crime of indecent act (subject to at least 13 years of age), the crime of general indecent act by force (subject to at least 13 years of age), and the special person under special indecent act by force: Imprisonment with prison labor for a number of crimes from one month to one year: Imprisonment with prison labor for a period from one month [the sentence], the defendant has been sentenced twice a fine for a violation of the Act on the Punishment, etc. of Sexual Crimes and Protection, etc. of Victims of Sexual Crimes, and on August 17, 2012, the defendant was sentenced to imprisonment with prison labor for the above crime from the Suwon District Court.