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(영문) 서울남부지방법원 2018.05.11 2017고단5115
강제추행등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On June 10, 2017, the Defendant forced indecent act: (a) on the street in front of Geumcheon-gu Seoul, Geumcheon-gu, Seoul; (b) together with the victim D (n, 18 years old) who was drinking, followed the victim’s complaint to return home, and (c) on the part of the victim’s son’s son’s son’s son’s son, thereby committing an indecent act by force against the victim.

2. In the above date, at the above time and place, the injured Defendant: (a) was the victim of a forced indecent act as seen above, the victim spawned the Defendant’s two arms on his arms, and “I are in a spawn,” and (b) went beyond the floor by leading the victim’s head debt by cutting the victim’s head debt; (c) was spacing the victim’s head and spawn; (d) was spacing the victim’s body by cutting the head debt on the floor; and (e) took the head and body of the victim on the floor and walking the victim in order to take approximately two weeks of treatment, thereby causing injury to the victim, such as brain spawn and spacing at both sides.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant legal provisions concerning facts constituting an offense and the point of coercion of the choice of punishment: Inflicting Article 298 of the Criminal Act: Article 257 (1) of the Criminal Act (the choice of imprisonment with prison labor);

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. The sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order shall be based on the following factors: (a) the background and methods of the instant crime; and (b) the Defendant’s previous conviction; and (c) the Defendant’s age, sex, environment, family relationship, circumstances after the commission of the crime; and (d) the sentence identical to the order shall be imposed by taking into account the following factors:

When a conviction on a crime of forced indecent act in the judgment that is a sex offense subject to registration and submission of personal information becomes final and conclusive, the defendant is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the head of a relevant agency shall be the head of such

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