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(영문) 서울남부지방법원 2015.09.17 2015고합247

강제추행등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On April 19, 2012, the Defendant was sentenced to one year of imprisonment for larceny at the Seoul Central District Court, and completed the execution of the said sentence on February 2, 2013.

1. On July 22, 2015, the Defendant: (a) around 22:50, on the street near the entrance of the subway station located in Yeongdeungpo-gu Seoul Metropolitan Government, on the part of the victim E (V, 40 years old); and (b) on the part of the victim, the victim’s left ambet; and (c) made indecent act by compulsion by force.

2. Around 23:00 on the same day, the Defendant: (a) reported that the injured party G (or female, 18 years of age) walked while getting on a bicycle in the street near the Yeongdeungpo-gu Seoul Metropolitan Government F building; and (b) led the injured party to force indecent acts by force by force by force on his/her left chest by driving the injured party’s hand; and (c) led the injured party under the age of 19 to force indecent acts by force.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of G and E;

1. Seizure records and bicycle photographs;

1. Details of 112 Declarations and investigation reports (Attachment of photographs);

1. Previous records: Criminal records, etc., inquiry reports, previous records of dispositions, results of confirmation, and application of Acts and subordinate statutes to the status of personal identification and confinement;

1. Article 298 of the Criminal Act, Article 7 (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 298 of the Criminal Act concerning criminal facts;

1. Article 35 of the Criminal Act among repeated crimes: Provided, That with respect to the crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse, it shall be limited under the proviso to Article 42 of the Criminal Act

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the limit of the proviso of Article 42 of the Criminal Act concerning the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, which has heavier punishment);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Order for the protection of children or juveniles against sexual traffic;