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(영문) 인천지방법원 부천지원 2018.09.19 2018고단1522
강제추행
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On April 24, 2018, the Defendant, at the first floor of the building located in Bupyeong-si B around 02:50 on April 24, 2018, the victim C, when she intends to get on or off an elevator, she laid the door between the elevator door so that the door of the elevator does not close, and then the victim was exposed to the Defendant’s sexual organ, and the victim was skeed with the victim’s sexual organ by exposing the victim from the damaged elevator, and the victim was pushed off with the victim’s sexual organ up to the wall, and committed an indecent act by force by force on two occasions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes of ctv, D Buildings Cctv, E Building Cctv

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

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. The main sentence of Article 56 (1) and Article 56 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is an employment-restricted order;

1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Abuse; Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The sentence identical to the order shall be determined by comprehensively taking into account the following circumstances in the sentencing grounds under Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the conditions of the sentencing indicated in the records, such as the defendant’s age, occupation, sex, family relationship, and conditions before and after the crime

- The defendant has been punished for the same crime twice.

The crime of this case was committed without being sentenced to the suspended sentence of imprisonment, and the crime of this case was committed during the period.

- The crime seems to be committed with the aim of the victimized female under the influence of alcohol considering the clothes of the defendant at the time of the crime, the place of the crime, the details of the crime, etc.

The degree of indecent act is very important and active.

Criminal quality is very bad.

- The victim duplicated fear, aversion, and insult.

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