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(영문) 대전지방법원 논산지원 2018.09.11 2018고단374

강제추행

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

The defendant shall complete a sexual assault treatment program for 80 hours against the defendant.

Reasons

Punishment of the crime

[criminal history] On June 20, 2017, the Defendant was sentenced to one year of imprisonment for an indecent act in the Daejeon District Court’s support for the Daejeon District Court’s trial and completed the execution of the sentence in the Daejeon Prison on May 8, 2018.

[Criminal facts]

1. The Defendant committed the crime in May 2018, on May 1, 2018, committed an indecent act by force against the victim E (name, 48 years old) on the front side of D pharmacy located in the C market located in Seosan-si, Seosan-si, in order to report the victim E (name, 48 years old) and commit an indecent act.

2. On June 29, 2018, the Defendant committed a crime on June 29, 2018, at the right edge of the G community service center parking zone located in Seosan-si F on June 10, 2018, reported that the conversation between the victim H (a person, f, 43 years old), and E (a person, f, 48 years old) was committed by committing an indecent act against the victim, and committed an indecent act against the victim by forcing him/her on his/her hand, from the part where he/she was in the hub of the victim, etc., in which he/she was fluent.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and H:

1. A CCTV CD or on-site CCTV photograph;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (applicable to the suspect A's previous records and confirmation of repeated crimes);

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

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

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

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

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

1. Where a conviction becomes final and conclusive with respect to each crime that constitutes a sex offense subject to registration and submission of personal information under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 3 of the Addenda (No. 15352, January 16, 2018) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the accused shall be punished by a sexual crime.