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(영문) 서울북부지방법원 2019.03.29 2019고합3

준강제추행등

Text

A defendant shall be punished by imprisonment for not more than ten months.

The defendant shall complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

1. Around 05:00 on August 31, 2018, the Defendant and the respondent for an attachment order (hereinafter “Defendant”) discovered the victim D (28 years of age) who is in a state of failing to resist due to diving from the fifth floor of the fifth floor of the building B in Seoul Special Metropolitan City, Nowon-gu, to the right side of the fifth floor of the building B, and found the victim D (28 years of age) in a state of failing to resist due to diving, and entered the said earth bed into the above earth bed, with the victim’s injury above, and committed an indecent act against the victim, such as taking the victim’s nose back to the buck, leaving the bucks, and leaving

2. On August 31, 2018, at around 05:33, the Defendant discovered the victim E (here, 28 years of age) in a state of resisting due to diving from the 3rd room of the above “C”, opened the said earth digging room to view the victim, etc., and opened the victim, followed by the victim, etc., the Defendant’s booming the Defendant’s boom, scaming the Defendant’s sexual organ into his/her hand, scaming the Defendant’s sexual organ, and scam.

Accordingly, the Defendant committed an indecent act against the victims who were unable to resist due to their depth.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Each police statement made to D and E;

1. A report on investigation (to attach amnestys for committing a crime committed by a suspect and CCTVs for escape);

1. Application of Acts and subordinate statutes to a report on investigation (additional victims);

1. Relevant Articles of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the crimes;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

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

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 notify, the sentence imposed on the Defendant under 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, order to complete a sexual assault treatment program, etc. appears to have an effect to prevent recidivism to a certain extent, and the Defendant’s age, family relationship and social relationship, and the details and circumstances of the instant crime