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(영문) 대전지방법원 2019.10.24 2019고단2880
강제추행
Text

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

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

Reasons

Punishment of the crime

1. On May 23, 2017, around 02:30, the Defendant committed an indecent act by force against the victim, following the victim C (n'e, 44 years old) who was married in front of the Seo-gu Seoul Metropolitan bus stops around the Seo-gu Seoul Metropolitan bus stops (hereinafter referred to as the “victim”). After leaving the victim’s neck, the Defendant cut the victim’s neck by selling, cut the victim’s neck and chest with his hand.

2. On July 17, 2018, around 00:18, the Defendant committed an indecent act by force against the victim E (the victim E (the age of 28) who is only mixed around the Seo-gu Seoul Metropolitan bus stops (the age of 28) around the Seo-gu Seoul Metropolitan City bus stops, followed by the victim E (the age of 28).

3. On September 21, 2018, the Defendant: (a) around 23:55, around the Seo-gu Seoul Metropolitan bus stops near the Seo-gu Seoul Metropolitan Government bus stops, and (b) followed the victim G (the 31 year old), who was married in front of the city bus stops (the 31 year old), she kiddd the victim by using her hand, and forced the victim to commit an indecent act by force.

4. On February 21, 2019, around 22:50, the Defendant: (a) reported the victim H (n and 28 years old) who was married in front of the Seo-gu Seoul Metropolitan bus stops near the Seo-gu Seoul Metropolitan Government bus stops; (b) kidd the victim by using her hand; (c) kidd the victim by using her hand; and (d) her act of self-defense with the Defendant’s sexual organ in front of the victim, committed an indecent act by force against the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of C, E, G, and H;

1. Application of photographic photographs, such as the field, 112 reported case processing signs, and statutes on the fieldCCTV photographics;

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

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

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. The crime of this case on the grounds of sentencing under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018), and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities, is a crime committed in light of the time and place of each crime, the attitude of the act

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