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(영문) 서울남부지방법원 2018.01.17 2017고단4937
강제추행
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to six months of imprisonment by force by the Seoul Western District Court on January 11, 2017 and completed the enforcement of the sentence in the Seoul Southern District Court on July 11, 2017.

[2] On September 17, 2017, at around 22:00, the Defendant: (a) was seated on a chaired person in the 4-3 troke of the entrance entrance in the digital cross-section in Guro-gu Seoul Metropolitan City; (b) discovered the victim E (e.g., 56 years old); and (c) continued to have the victim’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her arm

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. CCTV video CDs;

1. Previous convictions: References to inquiries, such as criminal history, investigation reports (Attachment of criminal suspect A's previous records), application of Acts and subordinate statutes on personal confinement;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

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

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

1. Reasons for sentencing under Articles 47 (1) and 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Public Disclosure Order or Notification Order;

1. The scope of applicable sentences under law: Imprisonment for one month to twenty years; and

2. Aggravationd elements of general indecent acts (type 1) (special sentencing factors): the area of aggravation [the recommended sphere and the scope of recommendations] of the same repeated crime (the area of recommendation and the scope of punishment), one year and six months to three years of imprisonment, which does not fall under a specific violent crime (the person subject to 13 years or more).

3. On January 11, 2017, the Defendant was sentenced to six months of imprisonment with prison labor for a crime similar to this case, and completed the execution of the sentence, and committed this case’s crime only within two months after the completion of the sentence. The Defendant, while denying the crime, asserts that he was interested in himself and she was seated next to himself, and that he was in response thereto, and thus, was similar to the judgment of the first instance court in the previous case.

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