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(영문) 수원지방법원 2014.05.15 2013고단6304
강제추행등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On November 7, 2013, the Defendant: (a) committed indecent act by compulsion; (b) committed an indecent act by compulsion, by taking advantage of drinking and launching the body of the victim, cutting off the victim’s inner face and body after cutting off the part of the body of the victim, using a drinking and plant, the victim E (if the victim was 48 years of age) who was present at the D’s drinking house located in Yong-si, Young-si; and (c) by taking care of the victim’s chest by hand; and (d) by taking care of the victim’s chest as soon as possible, the Defendant committed an indecent act by coercioning the victim’s righthead.

2. At around 02:30 on the same day, the Defendant’s insultd the victim F, who is a police officer belonging to the Gyeonggi-do Police Station, who was dispatched to the site upon receiving a report, and confirmed the details of damage from E, etc., the Defendant sexually insultingd the victim by openly insulting the victim following the Defendant’s view that “I have come to work, her age, her age, her frien, and her opening,” while being observed by the foregoing drinking house residents, G et al. and police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and F;

1. On-site photographs;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. The point of law by force on criminal facts: Article 298 of the Criminal Act by force: Article 31 of the Criminal Act;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Where a conviction against the defendant is finalized in relation to the criminal facts of a sexual crime subject to registration of personal information under Article 186(1) of the Criminal Procedure Act, 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 defendant is obligated to submit personal information to a related agency pursuant to Article 43

The defendant is exempted from the disclosure order or notification order due to his age, occupation, risk of recidivism, type and motive of the crime of this case, process, seriousness of the crime, and disclosure order or notification order.

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