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(영문) 대구지방법원 서부지원 2017.08.10 2017고합74

강제추행등

Text

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

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

Reasons

Punishment of the crime

On January 15, 2015, the Defendant was sentenced to 8 months of imprisonment with prison labor and 3 years of suspended execution for obscene crimes at the Daegu District Court on January 15, 2015, and on January 15, 2016, the said court was sentenced to six months of imprisonment with prison labor for compulsory indecent acts, and the said judgment became final and conclusive on January 23, 2016, and the sentence of suspended execution was terminated on October 21, 2016.

On January 3, 2017, the Defendant: (a) exceeded, within the E bus, a seated in the left side of the victim F (the age of 18) in the E bus that passed through C room near the Seogu Daegu-gu Hospital on January 21:35, 2017; (b) obstructed the part of the victim’s left side bucks and bucks; and (c) committed an indecent act by coercioning the part of the left side bucks and bucks with the Defendant’s hand, even though the victim was out of the window, the Defendant was forced to do so.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Previous conviction: References to inquiries, application of investigation reports (Evidence No. 21)-related Acts and subordinate statutes;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

1. Article 35 of the Criminal Act for aggravated repeated 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. Grounds for sentencing under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the main sentence of Article 49(1) and the main sentence of Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse;

1. The scope of applicable sentences under law: Imprisonment for one month to twenty years; and

2. Where the exercise of the tangible force of Category 1 (Special Sentencing Persons) (Special Sentencing Persons) (In the event that the degree of conduct is weak, / Where the degree of conduct is weak, / Where the degree of conduct is weak, one year from January to one year.

3. The crime of this case is a serious criminal who infringes on the victim's sexual self-determination right.