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(영문) 수원지방법원 안산지원 2016.12.26 2016고단3823

강제추행

Text

A defendant shall be punished by imprisonment for not less than three months.

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

Reasons

Criminal facts

On October 2, 2015, the Defendant was sentenced to eight months of imprisonment with prison labor due to injury, etc. in the Suwon District Court's Ansan Branch, and completed the execution of the sentence on April 8, 2016.

On September 20, 2016, around 19:55, the Defendant committed an indecent act by force on the part of the victim by using the victim E, an employee of the said PC, with the intent to commit an indecent act against the female, and purchasing the drinking water from the victim, while returning to his/her own job, he/she forced the victim to commit an indecent act on the left side of the victim's chest.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A photograph of a CCTV closure;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (attached reporting, such as a copy of indictment);

1. In light of the relevant legal provisions on criminal facts, Article 298 of the Criminal Act on the choice of punishment, the choice of imprisonment (the punishment of the defendant is very high, the defendant commits the crime of this case during the repeated crime period, and the fact that the defendant has not yet been recovered from damage, etc., a sentence to the defendant is inevitable. A sentence to the defendant is to be imposed as ordered in consideration of all the sentencing conditions shown in the public trial of this case, including the confession and reflection of the defendant, and the fact that the defendant does not have the same record, etc.

1. Article 35 of the Criminal Act among repeated crimes;

1. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. As to the criminal facts subject to registration and submission of personal information, Article 47 and Article 49 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure and Notification of Personal Information, 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 (no previous one shall be disclosed or notified in consideration of family relations, past circumstances, etc.).