beta
(영문) 인천지방법원 부천지원 2015.11.18 2015고단2496

강제추행등

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

[2015Kadan2496] On April 24, 2015, the Defendant expressed the victim E (nivers, 28 years of age) who walked along the way in front of the D convenience point located in Gwanak-gu in Seoul Special Metropolitan City, with the victim’s finger and tur, as if the victim’s blur and turb were used for the breath, and expressed the victim’s flurth.

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

[2015 Highest 2622] On July 25, 2015, the Defendant ordered food to the victim even though there was no intent or ability to pay the value of food in the “H” restaurant of the “H” restaurant of the Plaintiff’s G management in Bupyeong-si, Seocheon-si, Busan, the Defendant received from the victim the order of food to the victim. The Defendant received from the victim the 1stma, i.e., 1stma, 21,00 won in total in the market value.

Summary of Evidence

[2015 Highest 2496]

1. Defendant's legal statement;

1. Statement made to E in the police statement;

1. Defendant's legal statement;

1. Statement of G;

1. Application of Acts and subordinate statutes on entry of receipts;

1. Relevant provisions of the Criminal Act concerning the crime, Article 298 of the Criminal Act concerning the choice of punishment, Article 347 (1) of the Criminal Act and the choice of imprisonment with prison labor;

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

1. The reason for sentencing under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order, appears to have led to the confession of the instant crime and his mistake, and the fact that the Defendant has no record of punishment for a sex offense is favorable.

However, the crime of indecent act by compulsion of this case is committed on women who passed throughout the way without any reason and the nature of the crime is very poor, the victim seems to have suffered severe shock and mental suffering, the agreement with the above victim was not reached, and the defendant had already been punished for the same kind of fraud on several occasions.