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(영문) 서울서부지방법원 2017.01.11 2016고단1464
강제추행
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

【2016 High Order 1464】 On May 1, 2016, the Defendant discovered the victim E (or 47 years of age) who is taking things from the D convenience store located in Seodaemun-gu Seoul Metropolitan Government, Seoul around 00:15, discovered the victim E (or 47 years of age), had the mind to forcibly commit an indecent act against the victim, and had the victim Dan’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn’s kn

【2016 Height 2126 【Defendant’s 19:50 on July 3, 2016, 2016, the Defendant committed an indecent act by force by exposing the hands forward from the back of the Victim G (M, 50 years old) who was returning home in front of the F of Eunpyeong-gu Seoul Metropolitan Government, to the end of his/her hands.

Summary of Evidence

【2016 order 1464】

1. Legal statement of witness E;

1. Images and CCTV CDs within convenience stores at the time of damage, 2016 high group 2126

1. Legal statement of witness G;

1. Application of each Act and subordinate statutes to forced CCTV video recording CDs;

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

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. Dispatching the accused a signal by the victims of reasons for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

As the victim E does not seem to have a consistent attitude of denying all the crimes with the vindication that he only responded to it, it seems that the risk of re-offending is high, and the degree of conduct is significant for the victim E to commit the crime.

However, in the case of a crime against the victim G, the punishment shall be imposed in light of the following circumstances: (a) the degree of indecent act is not less than that of the victim itself; (b) the victim seems to have caused a huge sense of sexual shame; and (c) the victim did not make any effort to recover from damage; and (d) the scope of the final sentence due to the aggravation of the majority of the crimes of general forced indecent act at least 13 years of age is more than 6 months but not more than 3 years; (b) the first offender is the first offender; and (c) the period of imprisonment with prison labor is 6 months in consideration of the defendant’s age.

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