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(영문) 부산지방법원 서부지원 2018.10.31 2018고단264
강제추행등
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A defendant shall be punished by imprisonment for not more than ten months.

The defendant shall complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On October 19, 2016, the Defendant was sentenced to four months of imprisonment with prison labor for a crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts in Advanced Places) at the Busan District Court on February 17, 2017 and completed the execution of the sentence.

On October 29, 2017, the Defendant: (a) reported on Oct. 29, 2017, 16:05, the victim D (name, leisure, 24 years old) placed on this seat at the top of the C cafeteria located in Seopopo City B; and (b) followed the victim’s her her her her her her her her her her her his her her her her her her her her her her her her her her her her her

On July 11, 2017, the Defendant opened a door from around 05:00 to around 06:00 to around 06:00, and opened a door to be opened at the house of the victim F located in Seo-gu, Busan, and intruded into the inner bank, and had one gold box equivalent to KRW 1.8 million at the market price of the victim’s head.

Accordingly, the defendant invadedd the residence of the victim and stolen the property owned by the victim.

Summary of Evidence

"2018 Highest 264"

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigative report (on-site CCTV image analysis) 2018 high group 1550;

1. Statement by the defendant in court;

1. Each police statement made to F and G (before judgment);

1. Written inquiry about criminal history, etc.;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to judgment of repeated crime), copies of judgment, and current status of personal confinement;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, Article 298 of the Criminal Act, Article 329 of the Criminal Act, Article 319 (1) of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

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

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes; Article 49(1)2 and Article 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 56 of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is an employment-restricted order;

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