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(영문) 인천지방법원 2017.07.20 2017고단733
강제추행
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant shall complete a sexual assault treatment program for 80 hours against the defendant.

Reasons

Punishment of the crime

On April 21, 2015, the Defendant was sentenced to one year and six months of imprisonment with labor for an indecent act committed by the Suwon Franchisor method Board, and on April 22, 2016, the Defendant completed the execution of the sentence at the Granchisor Training Correctional Institution.

Around 14:00 on January 5, 2017, the Defendant reported job-seeking advertisements at the “D” office operated by the Defendant on the third floor of the Namdong-gu Incheon Metropolitan City building C, and showed the current status of support for employment of the victim so that the victim could be forced to commit an indecent act, while visiting with the victim E (the age of 24) and interview, and was pushed the victim on the side of the defendant, and was pushed the victim by cutting the victim's hand, cutting the victim's hand on several occasions, cutting the kibbbbb, cut the victim's kis, cut the victim's hand, cut down the victim's kis, and met. The Defendant continued to face each other, and even though the Defendant expressed his intention to refuse to do so by hand, it appears that the victim kis and kissedly kis from the victim's hand, and that the victim forced the victim to do so.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement made by the prosecution against E;

1. Statement made by the police for E;

1. 112 A report processing table;

1. Each report on investigation;

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history and report criminal investigations (verification of repeated crimes);

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

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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

1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Abuse and Article 49 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Punishment, etc. of sexual crimes committed against an order to notify;

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