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(영문) 인천지방법원 부천지원 2017.10.18 2017고단1653

강제추행

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

[criminal history] On December 20, 2013, the Defendant was sentenced to six months of imprisonment with prison labor for injury, etc. at the Busan District Court’s Branch Branch Branch, and completed the execution of the sentence at the Seoul Southern Prison on December 21, 2015.

[2] On July 7, 2017, at around 02:47, the Defendant, an employee of the Victim D (Gam, Ham, 22 years old), who had been holding a merap plate on the table table, was in his/her hands at around 1 room at Kimpo-si, Kimpo-si, Kimpo-si, and thereafter, the Defendant was in his/her body and was in his/her hands at the victim’s hum, hump, hump, and arms.

Accordingly, the defendant committed an indecent act against the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Investigation report (to hear statements from witnesses E);

1. 112 Reporting case handling table;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (reficiant confirmation);

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. Reasons for sentencing under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order [the scope of recommending] General Criteria for the Crimes of Indecent Acts by Forced (hereinafter referred to as "Indecent Acts by Forced 13 or more") [the person subject to special mitigation] who is not subject to punishment [the person subject to punishment] under the following circumstances and the defendant's age, occupation, sex, sex, family relation, living environment, circumstances leading to the crime, etc., the sentence identical to the order within the scope of recommended punishment based on the sentencing guidelines, comprehensively taking into account the following conditions of sentencing, such as the defendant's age, occupation, sex, family relation, living environment, circumstances leading

- The Defendant was sentenced to a fine of KRW 5 million in the Busan District Court Branch on April 21, 2017, which was committed during the period of repeated crime, and is currently pending in the appellate trial.

The Defendant still is still in a repeated crime period, and the Defendant did not take place at all at the time of the trial proceeding, and again came to commit the instant crime.

- The defendant has been punished by the act of assault, etc.