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(영문) 서울남부지방법원 2019.06.26 2019고단1227

강제추행

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[Criminal Power] On July 9, 2015, the Defendant was sentenced to three years of imprisonment for rape, etc. at Seoul Southern District Court, and completed the execution of the said sentence on April 12, 2018.

【Criminal Facts】

On March 2, 2019, at around 01:49, the Defendant discovered the victim C (tentative name) returning home immediately before the Non-Party B B in Gangseo-gu Seoul Metropolitan Government, and followed it in the above place, and continued to attract the victim’s hump by hand from behind the victim’s et al. to the victim’s hump, and caused the victim’s hump and hump to the victim’s head.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to C by the police;

1. Each investigation report (a report accompanied by the details of 112 reported and related to the self-determination of suspects / The statement of victims / The confirmation of CCTV video recording at the scene of occurrence / the statement of witnesses);

1. Previous records: Application of criminal records, reply reports (A) and criminal investigation reports (Attachment of suspect-related judgments attached thereto / Criminal suspect confinement and inquiry);

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. Articles 47 (1) and 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Articles 49 (1) 2 and 50 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Grounds for sentencing under 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 the Welfare of Disabled Persons Act (Act No. 15904, Dec. 11, 2018), the main sentence of Article 59-3 (1) of the Act on Welfare of Disabled Persons

1. The scope of recommended sentences according to the sentencing criteria (the determination of types of sex offenses);

B. In the context of the crime of indecent act by compulsion (the 13-year age or older) (the 1-year-old person): the area where the person voluntarily surrenders himself, is not subject to punishment, and is recommended for the same repeated crime (the 13-year-old person).