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(영문) 수원지방법원 성남지원 2018.10.26 2018고단1328

준강제추행

Text

A defendant shall be punished by imprisonment for not less than eight months.

The defendant shall order the completion of a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On April 9, 2015, the Defendant was sentenced to imprisonment without prison labor for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, etc. at the Sungnam Support of Suwon Friwon, and completed the execution of the sentence on August 8, 2015 at the original prison.

On May 14, 2018, at around 04:07, the Defendant discovered the victim D (bee 21 years of age) who locked at a soup room in Gwangju-si, and found out the victim's locked and locked back to the victim's knife with the victim's knife, put the victim's knife on the chest part of the victim's knife, knife the knife, knife the knife, knife the knife, knife the victim's knife, knife the knife with the left part, knife the victim's knife, knife the victim's knife with both arms, and knife the victim's chest with the left hand.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. 112 Notification to a department related to the report of the case;

1. On-site CCTV closure photographs;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (report on confirmation of history of repeated crime) statute;

1. Relevant Article of the Criminal Act; Articles 299 and 298 of the Criminal Act; the choice of imprisonment for a crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Full consideration of the circumstances favorable to the defendant is given given that the defendant had no criminal record for the reason of sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, that the defendant has shown an attitude to confession and reflect the crime in this case, and that the victim has expressed his/her intention not to punish the victim by mutual consent with the victim.

However, although the defendant committed a crime of dual punishment, he/she did not know even though he/she was a repeated crime, and was sentenced to a fine several times during the repeated crime period, and recently, he/she is similar to the crime of this case.