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(영문) 수원지방법원 2017.05.18 2016고단3984
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 80 hours.

Reasons

Punishment of the crime

1. 피고인은 2016. 6. 7. 16:00 경 화성시 B 원룸 앞 노상에서, 귀가하는 피해자 C( 여, 30세) 발견하고 약 20m를 뒤 따라간 다음 갑자기 뒤에서 양팔로 피해자의 가슴 부위를 끌어안으면서 귓속말로 “ 올라가자, 너 네 집으로 가자 ”라고 말하고 피해자의 원룸 출입문까지 약 2m를 이동하는 등 피해자를 강제로 추행하였다.

2. In the studio parking lot above the above paragraph 1 at the same time, the defendant found the victim D (32 years old), opened the driver's seat and forced the victim to commit an indecent act by force, such as finding the victim D (32 years old) boarding the driver's seat, opening the driver's seat and driving the victim's left chest.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or C;

1. Application of Acts and subordinate statutes to an investigation report (victimd phone call report);

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Application of the sentencing criteria;

(a) No 1 crime (the scope of recommended punishment) is the basic area (6 months to 2 years) (the basic area (the person subject to special sentencing) of the first type of indecent act (the person subject to 13 years or more) under the general standard;

(b) Class 2 Crimes [Scope of Recommendation] General Standard : 6 months-3 years-2 years-3 years-2

2. The Defendant, following the victim C who went home alone, committed an indecent act by putting the victim D, who was seated in the driver's seat of a car continuously at the parking lot, opened a driver's seat, and commits an indecent act by turning the victim's chest on the victim's chest. In light of the type and content of the crime, the crime is very poor, and the victims are the victims.

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