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(영문) 수원지방법원 성남지원 2016.06.10 2016고단22
강제추행
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to one year of imprisonment and three years of suspended execution for an indecent act committed by the Seoul Western District Court on January 27, 2015, and the said judgment became final and conclusive on February 4, 2015 and is still under suspended execution.

On December 13, 2015, the Defendant, around 21:20 on December 13, 2015, placed the left hand on the right bucks of the victim D (the age of 24) seated on the right bucks and forced the victim to commit an indecent act by force. The Defendant, on December 13, 2015, placed the buckbucks on the right bucks of the victim D (the age of 24).

around 12:15 on December 16, 2015, the Defendant forced the victim to commit an indecent act by rhumbbucking down the victim G (F) on the side of the victim G within the 30-9-laneed bus (F) in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, and 30-9.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or G;

1. A report on investigation (as to the inspection of CCTVs on buses, securingCCTV);

1. Each CD and each photograph;

1. Previous convictions in judgment: Inquiry about criminal history and application of each copy of judgment;

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

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

1. Where the exercise of tangible force (1 month to one year) in the mitigated area (1-one year) is considerably weak for the crime of indecent act by force (13 years or more) under the general standard of the recommended scope of punishment / In the case of habitual crimes, the crime No. 2 [the scope of recommended punishment] in the mitigated area (13 years or more) (1 month to one year in general) in the mitigated area (1-1 year in the case of special mitigation) in the mitigated area (13 years or more in the case of habitual crimes) in the mitigated area (1-1 year in the case of special mitigation) in the case of crimes of indecent act by force (13 years or more in the case of special mitigation) in the mitigated area (1-6 months to one year in the case of habitual crimes): the final sentencing scope according to the majority of crimes: January to June;

2. Circumstances in favor of the decision of sentence: the defendant; and

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