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(영문) 수원지방법원 2019.10.31 2019고단4208

강제추행

Text

A defendant shall be punished by imprisonment for six months.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On April 2, 2015, the Defendant was sentenced to six months of imprisonment with prison labor or two years of probation for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in Suwon District Court, and on November 5, 2015, on November 13, 2015, the sentence of probation was invalidated upon the judgment became final and conclusive on November 13, 2015. On November 2, 2016, the execution of the final sentence was completed in the Housing Site of Suwon Detention House.

On March 20, 2019, the Defendant: (a) around 00:04, around 51, 2019, she was able to force the victim C (the age 21) who was seated at the Defendant’s right side, and was able to force the victim C (the age 21) who was snowed at the Defendant’s right side; (b) the part of the breabbbbbs on one’s own bank, she dump dump and dump bucks out of the victim’s bucks; and (c) the Defendant dump bucks out with the hand.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Report on investigation (Correction of criminal time, place of crime, specific case at section), and report on investigation (rejoin of criminal conduct situation);

1. Definite CCTV images;

1. Previous convictions indicated in judgment: Criminal records, investigation reports, and application of Acts and subordinate statutes concerning personal confinement;

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. The main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); the reason for sentencing under the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities [the scope of recommending punishment] the basic area (the scope of punishment for indecent acts by compulsion of the age of 13 or more) (the special mitigation element of imprisonment between 6 months and 2 years: the special aggravation element of punishment not to be imposed: The same repeated crime (the normal situation favorable to the determination of