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(영문) 서울서부지방법원 2018.01.11 2017고합381
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

[criminal records] On September 9, 2015, the Defendant was sentenced to eight months of imprisonment due to forced indecent acts, etc. at the Seoul Western District Court, and completed the execution of the sentence on January 20, 2016 at the Ansan Prison.

[2] On July 2, 2017, at around 17:55, the Defendant showed money to the “D” in front of the “D” point located in Eunpyeong-gu Seoul Metropolitan Government, and respondeded to this, the victim E (V, 52 years of age) who appeared to go to the inn, and the victim Da Da referred to “the victim along with the inn inn where 30,000 won reduction”, and when the victim refused to do so, the Defendant committed an indecent act by coercioning the victim by 2-3 times his/her chest.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for victims E;

1. Previous conviction: Application of a written reply to inquiry, such as criminal history, copy of the judgment, such as forced indecent conduct, etc. by Seoul Western District Court Decision 2015 High Order 1239, and Acts and subordinate statutes on the personal accommodation status;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated 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. Reasons for sentencing under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Articles 49(1)2 and 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. From one month to twenty years of imprisonment with prison labor for a prison labor within the scope of punishment by law; and

2. Application of the sentencing criteria [the types of decisions] : The aggravated area of identical repeated crimes [the scope of recommendations] / [the scope of recommendations] / One year and six months / three years / [the scope of recommendations] 1 year and six years / and 3 years / the increased area of non-specific repeated crimes (the general indecent act committed by force) which do not fall under the category 1 (the general indecent act by force) (the person subject to 13 years or more);

3. The Defendant, who was sentenced to imprisonment for the same kind of crime, was sentenced to imprisonment for a repeated crime, and was tried for a crime of interference with business as well as for a repeated crime (Seoul Western District Court on April 19, 2017). However, the Defendant was sentenced to a fine of KRW 3 million at the Seoul Western District Court on April 19, 2017.

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