강제추행
A defendant shall be punished by imprisonment for one year.
The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.
On February 11, 2015, the Defendant had been sentenced to eight months of imprisonment due to forced indecent acts, etc. by the Incheon District Court on February 11, 2015 and completed the execution of the sentence in Seoul Southern Prison on June 19, 2015.
Punishment of the crime
On September 22:18, 2017, the Defendant discovered the Victim F (tentative name, 20 years of age) seated in “EPC room” located in Dong, and opened the floor below the victim’s seat, and opened it on the floor. From around that time to around 23:03, the Defendant committed an indecent act by force against the victim on four occasions during the period from around 23:03.
Summary of Evidence
1. Statement of the defendant in the first trial record;
1. Statement made by the police with respect to F;
1. CCTV images and photographs;
1. Previous convictions: Application of a written reply to inquiries, such as criminal history, judgment of Incheon District Court 2014No. 4090, and the current status of personal confinements;
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. 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, and Articles 49(1) and 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. Persons whose punishment is mitigated according to the sentencing guidelines (the scope of recommended punishment) and the scope of recommended punishment [the scope of punishment [the scope of recommendation] according to the same repeated crime [the scope of recommendation] according to the same type of punishment [the scope of punishment]] and one year (the area of mitigation], where the degree of conduct is weak;
3. The crime of this case committed by the defendant who has committed several indecent acts against the victim for a considerable period of time and the nature of the crime is not good;
The Defendant was sentenced to protective disposition and suspension of indictment for sexual crimes in the past, and was sentenced to punishment due to forced indecent acts, etc. under the same law as the instant crime, but thereafter, again.