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(영문) 수원지방법원 안산지원 2017.02.10 2016고단2166
강제추행등
Text

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

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

Reasons

Criminal facts

The Defendant was sentenced to three years of imprisonment for robbery, etc. at Seoul Western District Court on March 7, 2013 and completed the execution of the sentence at the Net Prison on May 10, 2015.

From December 2, 2015 to February 2, 2016, the Defendant was living together with the victim I (V, 18 years of age).

1. On February 22, 2016, the Defendant forced indecent act: (a) around 16:00, at the Y and 202 residence of Ansan-si, J and 16:0; (b) at the request of the injured party, the Hague at the victim’s demand, and (c) came back to the victim’s side of the victim who sees a mobile phone, making it difficult to avoid difficulties; and (d) the injured party was forced to take the face of the victim’s own victim by making the Defendant pushed the Defendant, thereby taking the victim’s face in both hands, and then making the victim forced.

Accordingly, the defendant committed an indecent act against the victim.

2. The Defendant, at the time, at the time, and at the place mentioned in paragraph 1, assaulted the victim, who was forced to commit an indecent act by the Defendant at the time, at the time, and at the above location, took a defective visit that the victim was trying to leave the house by saving the victim’s in the bed, and took the victim’s body on the bed, put the victim into the bed, put the victim into the bed on the bed, put the victim’s neck on the part of the victim, and assaulted the victim 1 minute of the victim.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made to I by the police;

1. Photographs of the victim and the scene of crime;

1. As a result of inquiry, the application of the Act on Report of Investigation;

1. Relevant Article 298 of the Criminal Act, Article 260 (1) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

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

1. The scope of final sentence due to the aggravation of multiple concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act: Imprisonment with prison labor for six months to two years (sexual crimes) for the first time: [the scope of the recommended punishment] general standards for the crime of indecent act by force (the crime of indecent act by force between six months and two years) in the basic area (including the crime of general indecent act by force) for the first category (the crime of indecent act by force between six months and two years) for the first category (the scope of the recommended punishment): [the scope of the recommended punishment] The basic area of the crime of assault (the general assault) for the first type (two months to October) for the basic area;

1. Order to complete a program;

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