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(영문) 수원지방법원 안산지원 2014.07.09 2014고단1302
강제추행
Text

A defendant shall be punished by imprisonment for four months.

The defendant shall be ordered to complete a sexual assault treatment program for 8 hours.

Reasons

Criminal facts

The Defendant was sentenced to eight months from January 11, 2013 to imprisonment with prison labor for night buildings intrusion larceny, and completed the execution of the sentence in a wooden prison on July 28, 2013. On June 12, 2014, the Defendant was sentenced to six months from imprisonment with prison labor for attempted larceny, and the said judgment became final and conclusive on June 20, 2014.

On May 17, 2014, at around 01:30, the Defendant committed an indecent act against the victim C (nive, 19 years of age) in front of the victim C (nive,), who was under the influence of alcohol and was frighted, with the victim’s mind to force indecent act by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each written statement prepared D or C;

1. Criminal records, investigation reports (report on the decisions of suspects and current status of confinement), investigation reports (Attachment to the indictment of a case pending in the trial), and application of Acts and subordinate statutes of the case search;

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Reasons for sentencing on the punishment, etc. of sexual crimes exempt from disclosure or notification of personal information, the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (excluding failure to disclose or notify personal information in consideration of the weather, etc.)

1. Scope of punishment by imprisonment: One to ten years;

2. Scope of recommendations on the sentencing criteria: Imprisonment with prison labor for six months to two years (subject to the age of 13 or more) and the crime of indecent act by compulsion.

3. The crime of this case, which was determined to be sentenced, is a case in which the defendant committed indecent acts by force by force by force by the victim, and the victim did not yet agree with the victim, and the victim's age is relatively lower, and the defendant does not know the victim during the period of repeated crimes.

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