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(영문) 서울북부지방법원 2018.08.16 2017고단5548

강제추행

Text

The punishment of the accused shall be eight months by imprisonment.

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

Reasons

Punishment of the crime

[criminal history] On January 19, 2012, the Defendant was sentenced to three years and six months of imprisonment with prison labor for the purpose of the present state building and the crime of fire prevention, etc. at the Suwon Giju prison on January 19, 2012, and was released on September 30, 2014 during the execution of the sentence, and the parole period expired on January 20, 2015.

[2] On May 25, 2017, the Defendant d, at around 19:30 on May 25, 2017, d, drinking alcohol with the victim F (n, 32 years of age) who is an employee of the company run by himself/herself at the E restaurant, etc. located in Gangnam-gu Seoul Metropolitan Government, and the Defendant d, during which the victim drank alcohol with the victim F (n, 32 years of age) who was an employee of the company run by himself/herself, she went into the H hotel located in the Seoul

The following seals shall be affixed to the defendant

5. On 26. 06.00 around a hotel, the victim's rear she was off his/her shoulderer's own clothes in diving and tried to set the part of the victim's shoulder with one arms and to have dancing with the victim's right, but the victim avoided it.

In the end, the Defendant forced the victim to commit an indecent act.

Summary of Evidence

1. The defendant's legal statement (as at the fourth public trial date);

1. Legal statement of witness F;

1. Recording records;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (A), text of judgment, and current status of acceptance by individual;

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

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

1. According to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Etc. of Sexual Crimes Exempted from the disclosure order and notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, occupation, family environment, social ties relationship, criminal record and risk of recidivism, profits and preventive effects expected from the disclosure order and notification order of this case, and disadvantages and side effects therefrom, the Defendant’s personal information is personal information.