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(영문) 서울서부지방법원 2020.01.08 2018고단3571
강제추행
Text

A defendant shall be punished by imprisonment for six months.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On January 19, 2017, the Defendant was sentenced to four months of imprisonment with prison labor for larceny, etc. in the Suwon District Court’s Eunpyeong Housing Site, and completed the execution of the sentence on March 22, 2017.

On August 19, 2018, at around 14:05, the Defendant committed an indecent act by force against the victim D (the age of 18) with the victim D’s bucks located in Seodaemun-gu Seoul, Seoul, by inserting his own hand, and bucks only stored in the bucks.

Summary of Evidence

1. Defendant's legal statement;

1. Police statements prepared in connection with D;

1. Stenographic records of the E Center in D;

1. Before judgment: Application of criminal history records, inquiry reports (A), investigation reports (verification of the date of release, and binding of related written judgments);

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

1. Article 35 of the Criminal Act among repeated crimes;

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

1. Grounds for sentencing under Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352, Jan. 16, 2018); Article 56 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018); Article 2 of the Addenda to the Welfare of Disabled Persons Act (Act No. 15904, Dec. 11, 2018); Article 59-3 (1) of the Act on Welfare of Persons with Disabilities

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommended sentences according to the sentencing criteria (the determination of types of sex offenses);

(b) The basic field of the crime of indecent act by compulsion (the person under 13 years of age or older) [the first type] general indecent act by compulsion [the scope of the recommended field and the recommended range], and six to two years of imprisonment;

3. The crime of this case with the sentence of sentence was committed in light of the method of indecent act and the negligence of indecent act, etc., and the defendant was not subject to suspicion from the victim.

The defendant committed indecent act by compulsion according to the period of repeated crime according to his previous conviction.

However, the defendant shows the attitude of recognizing and opposing the crime of this case, and there is no same criminal punishment power.

The defendant's body.

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