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(영문) 인천지방법원 2015.09.24 2015고단4539
강제추행
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On April 22, 2015, the Defendant was sentenced to one year of a suspended sentence of four months of imprisonment for the crime of indecent act by force in the Incheon District Court's Branch Branch, and the judgment became final and conclusive on July 15, 2015.

On June 8, 2015, at around 17:50, the Defendant committed an indecent act against the victim by force, such as: (a) the city bus No. 16-1 via the bus bus stops in the Nam-gu Incheon Metropolitan City, Chungcheongnam-gu, Seo-gu, Incheon, Seo-gu, Incheon, about 16-1; (b) the victim C (the 37 years old) who is seated in front of the front seat by hand, and the upper part of the breast part of the chest two times.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Previous records of judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment of a copy of judgment related to the same kind of criminal records);

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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. Since the crime of this case, which is subject to the Sentencing, is one of the concurrent crimes under the latter part of Article 37 of the Criminal Act and the previous convictions, the Sentencing Criteria shall not apply.

2. The Defendant is sentenced to the punishment in light of the following facts: (a) two times of punishment already imposed on the same kind of crime (a fine of KRW 5 million in 2012, and a fine of KRW 6 million in 2013), and (b) the first instance court sentenced a suspended sentence of imprisonment with prison labor for April in the first instance, which was sentenced to a suspended sentence of one year in the appellate trial; and (c) the Defendant did not reflect the fact that the instant crime was committed.

However, in sentencing, the fact that the defendant is recognized to commit the crime, the extent of the exercised tangible power or the indecent act is weak, the fact that the crime of this case is in the concurrent relationship between the previous offense and the latter part of Article 37 of the Criminal Act, and the balance with the case where the judgment is received at the same time shall be considered. In addition, in consideration of the various matters stipulated in Article 51 of the Criminal Act, which are conditions for sentencing, such as the age, character and conduct, and environment of the defendant as shown in

registration of personal information;

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