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(영문) 전주지방법원 2017.10.26 2017고합157
준강제추행
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

【The Defendant was sentenced to six months of imprisonment with labor for a crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes at the Gwangju District Court on July 16, 2014, and completed the execution of the sentence on November 27, 2014.

【The Defendant, from May 11, 2017 to 17:00 on the same day, was seated 14 on the route side in the front-speed bus of Gwangju, Gwangju, the Defendant: (a) was seated on May 11, 2017, and was seated on the short seat No. 13 on the side of the side window 13; and (b) the victim E (the 23 years old) was locked, and was kneed on his knee and knee, and kneed on his kne; (c) turned down his hand and kneed on his kne; and (d) turned down his knebbbbbbbbbbs and bucks on the right side of the victim by using his left hand.

Accordingly, the defendant committed an indecent act against the victim by taking advantage of mental and physical loss or the state of impossibility of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A complaint filed by E;

1. An investigation report (Attachment of photographs of express buses for recovery by a person unexploited victim), investigation report (Attachment of photographs inside and outside of D express buses, the place of occurrence), investigation report (related to telephone communications by the name of the national card holder F of the warrant reply), investigation report (Attachment of bus CCTV CCTV in the form of his/her non-exploited victim), and attached images, video CDs, investigation report (specific suspect), and investigation report (Hearing statements by victims);

1. Delivery of a report on identification results, DNA identification information data search results, and replys to requests for appraisal;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (the same type of force and confirmation of the date of release);

1. Relevant Article of the Criminal Act; Articles 299 and 298 of the Criminal Act; the choice of imprisonment for a crime;

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. Article 47(1) and Article 49 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Sexual Crimes, which is subject to disclosure orders and notification orders.

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