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(영문) 광주지방법원 2016.09.07 2015고단4214

강제추행

Text

1. The defendant shall be punished by imprisonment with prison labor for eight months;

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

Reasons

Punishment of the crime

1. At around 14:50 on July 28, 2015, the Defendant committed an indecent act by force against the said victim, even though the victim D (the age 21), who was waiting for a bus while getting on a bicycle, was flick at C High School S High School (Seoul) located in Gwangju Northern-gu B, and the victim D (the age 21), who was waiting for a bus while getting on a bicycle, was flicked once.

2. On September 2, 2015, around 08:40 on September 2, 2015, the Defendant committed an indecent act by force against the said victim, including the following: (a) in the North North-gu, Gwangju, in the “F,” in the middle-gu, Gwangju, and in the victim G (V, 41 years old) where he was seated, she laid the victim by his own hand; (b) her chest was frighted, and her chest was frighted.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Each police statement concerning G and D;

1. Application of the Acts and subordinate statutes to photographs by capturing the suspect's absconding ctv materials;

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

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

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

1. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Punishment, etc. of Sexual Crimes, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, health and social ties, records and records of the crime, details and motive of the crime, methods and consequence of the crime, the degree and anticipated side effects of the Defendant’s disadvantage due to an order to disclose or notify information, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, and the protection effect

1. Scope of recommendations according to the sentencing criteria;

(a) each;