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(영문) 수원지방법원 안산지원 2019.11.27 2019고단3109
강제추행등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[Criminal Power] On June 27, 2014, the Defendant was sentenced to imprisonment for two years and six months for the crime of quasi-rape in Ansan District Court’s Ansan Branch, and completed the execution of the sentence on September 3, 2016.

【Criminal Facts】

1. Indecent acts by compulsion;

A. At around 00:50 on June 11, 2019, the Defendant, a restaurant located in Ansan-si, a member B, Masan-si, led the victim D (one’s name, one’s age, 33) who was seated in the table to use the victim’s head from the victim’s head, etc., and led the victim to indecent act by force.

B. On June 11, 2019, around 01:00, the Defendant, in front of E in Ansan-si, a member B, fright together with one-way, committed indecent act by force by force by force, on the left hand, the victim F(n, 19 years of age) was fright behind the victim F(n, f, f, f.).

2. On June 11, 2019, the Defendant violated the Road Traffic Act (unlicensed driving) without obtaining a driver’s license, driving a H T-gu vehicle over a section of about 2 km from the front side of the members of Ansan-si to the front side of the members of Ansan-si from the front side of the members of Ansan-si to the front side of the G-gu, Ansan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F, D, and I;

1. Egress from the suspect’s crime scene, CCTV images-fash outputs, Ccafeteria CCTV-fash outputs, and CCTV-fags from the suspect’s unlicensed driving-out images;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal history records, inquiry reports (reports on the same criminal records), application of Acts and subordinate statutes to investigation reports (verification of the period of repeated crimes);

1. Relevant legal provisions concerning the facts of crime, each of the choice of punishment under Article 298 of the Criminal Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, and the choice of imprisonment without prison labor;

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

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 main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018).

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