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(영문) 수원지방법원 안산지원 2018.01.17 2017고단3519
준강제추행
Text

A defendant shall be punished by imprisonment for four months.

The defendant shall order the completion of a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The defendant, such as the victim C (the life expectancy, the age of 35), was a gathering accompanied by the defendant's wife and family members, and had the defendant sleepd after drinking the alcohol, in order to commit an indecent act against the victim.

On June 25, 2017, from around 03:30 to around 04:00, the Defendant d apartment operation 102 at the Defendant’s house bed in the bed of the victim’s panty, and the Defendant d apartment operation d apartment operation from around 04:0 to around 04:0, the Defendant divers continued to put his hand in the victim’s panty and her panty, and continued to keep the victim’s her her panty and her part inside, and put his her her son on

Accordingly, the defendant committed indecent acts by using the victim's resistanceable condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to C (tentative name);

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

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

1. There is no basic area (6 months to 2 years) (special person subject to sentencing) in the first category (general indecent act in force) of the crime of indecent act committed on the basis of the general standard of the sentencing criteria (the scope of recommended punishment)

2. Determination of sentence, taking full account of the following various circumstances, Defendant’s age, sex, career, home environment, motive and means of crime, and circumstances, including the motive and means of crime, the sentencing conditions set forth in the arguments in this case, and the sentencing criteria set forth in the Sentencing Commission’s sentencing guidelines, and the sentence is set off as ordered by the order.

[Unfavorable circumstances] The crime of this case is committed by the defendant's indecent act with his own house, and the indecent act is committed by the victim's panty, and the victim's panty, and the crime of indecent act against the victim seems to have been committed in the past. According to the victim's statement, the act of indecent act against the victim is likely to have been committed in the past. [ favorable circumstances] The defendant led to confession and reflect against the crime of this case.

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