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(영문) 서울남부지방법원 2018.11.14 2018고단4390

강제추행

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[2018 Highest 4390]

1. On March 15, 2018, at around 02:48, the Defendant discovered the victim C (mar, 30 years of age, and name) who returned home under the influence of alcohol in the vicinity of Gangseo-gu Seoul Metropolitan Government Btel and had the victim feel decent.

Defendant 1 followed the victim entering the door door of the 1st floor of the instant officetel, and followed him, and the victim, who was opening the door door and opened the convenience store, got her slick back to the victim's her body, and her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

Accordingly, the Defendant committed an indecent act on the part of the victim.

[2018 Highest 4466]

2. 피고인은 2018. 4. 17. 02:17 경 서울 강서구 D 앞 노상에서 피해자 E( 여, 26세, 가명) 가 친구와 팔짱을 끼고 걸어가는 것을 발견하고 약 150 미터를 뒤따라 가다가, 뒤에서 피해자의 양쪽 엉덩이를 움켜쥐듯 만져 피해자를 추행하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to C (tentative name) and E (tentative name);

1. Application of the Acts and subordinate statutes related to video images of each CCTV CD;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. The reason for sentencing under Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse against whom employment is restricted has been punished as a sexual crime several times, and the defendant is willing not to repeat the crime by agreement with the victims and providing medical treatment and counseling at that time;

In addition, each of the crimes of this case was committed even when a fine or a suspended sentence was sentenced.

Although the defendant agreed with each victims of this case, the background of the crime, the method and the records of crimes of the defendant.