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(영문) 의정부지방법원 2019.10.10 2019고단2397
준강제추행
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[criminal power] On September 19, 200, the Defendant was sentenced to seven years in Seoul High Court for a violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims (Rape, etc.). On December 27, 2007, the Defendant was sentenced to nine years in prison at Seoul High Court for the same crime, and completed the execution of the sentence in Daegu Prison on May 18, 2016.

【Criminal Facts】

At around 02:00 on March 14, 2019, the Defendant entered a hospital in which the victim (hereinafter referred to as 44 years of age) was hospitalized, and discovered the victim who spawnd and spawnd from the 9th floor of the C's Council member located in the Gyeonggi-si, Yang-si, and became a part of the victim's buckbucks.

Accordingly, the defendant committed indecent act against the victim who was unable to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police;

1. Investigation report (to attach CCTV photographs to suspect's crime scene);

1. Two CDs for suspect A, a criminal suspect A, a video file;

1. Previous records of judgment: Criminal history records, personal confinement records, and application of three copies of written judgments to three Acts and subordinate statutes;

1. Relevant Articles of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the crimes;

1. Article 35 of the Criminal Act among repeated crimes;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

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

1. Reasons for sentencing under Articles 47 (1) and 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Act on the Protection of Children and Juveniles against Sexual Abuse, Articles 49 (1) 2 and 50 (1) 2 and the main sentence of Article 56 (1), Article 2 of the Addenda to the Welfare of Disabled Persons Act (Act No. 15904, Dec. 11, 2018), the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act

1. Scope of applicable sentences under law: From Above 20 years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [the determination of a type] and the general standard of the crime of indecent act by compulsion (subject to the age of 13 or more) and the general indecent act by compulsion (the first type) (the special person): the mitigation element: the state of mental disability (no responsibility in person) and the aggravation element.

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