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(영문) 인천지방법원 부천지원 2017.01.25 2016고단2295
강제추행등
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall order the completion of a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

[criminal history] On November 18, 201, the Defendant was sentenced to two years to imprisonment for rape, etc. in the Busan District Court’s Branch Branch, and completed the execution of the sentence in the Ansan Prison on November 16, 2013.

[Criminal facts] The Defendant is a mentally and physically weak person due to brain injury and failure to function.

1. On June 21, 2016, at around 15:40, the Defendant forced indecent act: (a) reported the Defendant’s residence on the third floor of the Kucheon-gu Seoul Special Metropolitan City building C; and (b) induced the victim D (V, 46 years of age) to get home to get up Chinese language; and (c) forced the victim to enter into the victim’s seat.

2. Notwithstanding the fact that the defendant visited the competent police station within 20 days of the change in his/her address, workplace, etc. as a person subject to the registration of personal information, and submitted changed information, he/she did not visit the competent police station located in Geumcheon-gu Seoul Metropolitan Government to submit changed information within 20 days, even though he/she resigned from the KOE on April 1, 2016.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness D's legal statement (the witness's statement is very consistent and specific, so it is possible to recognize its credibility);

1. A statement of a written confirmation of service;

1. Previous convictions in judgment: Application of Acts and subordinate statutes written in a reply to inquiry, such as criminal history, investigation report (prior convictions of suspects, repeated crimes, and attachment of judgment);

1. Relevant legal provisions of the Criminal Act, Article 298 of the Criminal Act on the selection of punishment for the crime, Article 50 (3) 2 and Article 43 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Selection of Imprisonment with prison labor;

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

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical weakness;

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. Of the instant crimes with reason for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the indecent act committed in the instant case is committed by inducing the victim at his own will.

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