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(영문) 서울북부지방법원 2018.07.05 2017고단4798

강제추행등

Text

The punishment of the accused shall be determined by a year of imprisonment.

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

Reasons

Punishment of the crime

[Criminal record] On September 23, 2015, the Defendant was sentenced to ten months of imprisonment with prison labor for the attempted larceny of a structure intrusion at night at a district court, and completed the execution of the sentence on March 3, 2016.

[1] On July 24, 2017, the Defendant entered the “D convenience store” located in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu around July 24, 2017, and the victim E (the age of 25) left the convenience store was limited to the bucks inside the bucks.

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

2. On March 12, 2018, the Defendant: (a) opened a 106 new apartment building with 20 pages, Jung-gu, Seoul, Jung-gu, Jung-gu, Jung-gu, 2018, a 206 parking lot; (b) opened a gate that was parked by the victim F; and (c) took one clock of 500,000 won at the market price owned by the victim; and (d) cut off with one string of 500,000 won at the victim’s market price.

Summary of Evidence

[2017 Highest 4798]

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A photograph of a CCTV image to be cut;

1. Previous convictions in judgment: A response to inquiries, such as criminal history, report on investigation (verification of the period of repeated crime), and current status of acceptance of each copy of the judgment and each individual (2018 order 1500);

1. Statement by the defendant in court;

1. A written statement of the victim’s personal records prepared in the F and a written statement of the reporter of the G preparation;

1. Protocols of seizure;

1. Previous convictions in judgment: (A) a reply to inquiry, such as criminal history, a report on investigation (attached to the indictments and the text of the judgment in question), and application of the statutes of the text of the Supreme Court Decision 2015No 1901;

1. Relevant Article 298 of the Criminal Act, the choice of punishment against the crime, Article 329 of the Criminal Act, and the choice of imprisonment with prison labor;

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. The main sentence of 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 Exempted from an order to disclose or a notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse (the defendant's age, occupation, and occupation);