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(영문) 서울북부지방법원 2016.10.06 2016고단3002
강제추행
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

1. At around 00:05 on June 1, 2016, the Defendant discovered the victim D (at the age of 21) who was walking ahead of the C apartment zone in Jung-gu Seoul, Jung-gu, Seoul, and tried to commit an indecent act against the victim on his own. On the ground that the Defendant was aware of the victim D (at the age of 21) and wanted to do so, he was aware of the victim on his own behind, he was able to talk with the victim on his clothes, by inserting the hand on his kn, and boomed him with the upper part of his clothes, and committed an indecent act by force against the victim by force.

2. 2016 highest385;

A. On June 13, 2016, the Defendant committed indecent act by compulsion on June 13, 2016, around 22:36, 2016, the Defendant: (a) discovered the victim G (a) who waits for subways around the 3-2 platform in Yongsan-gu Seoul, Yongsan-gu, Seoul; (b) and (c) committed indecent act by force against the victim following the victim who was suffering from his intent to force indecent act by force.

B. On July 11, 2016, the Defendant committed an indecent act by compulsion on July 11, 2016, around 23:40, the Defendant found the victim I (the age of 19) coming from the front side of Eunpyeong-gu Seoul Metropolitan Government H on the front side, attempted to force the victim to force by force, and the victim’s jum, who entered his left seat with the left hand, committed an indecent act by force against the victim by force.

Summary of Evidence

[2016 Highest 3002]

1. Defendant's legal statement;

1. Statement of D police statement;

1. A criminal investigation report (to hear statements from victims);

1. Defendant's legal statement;

1. Statement of each police statement concerning I and G;

1. Application of Acts and subordinate statutes to a investigation report (to secure and analyze on-site CCTV images);

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

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. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure orders and notification orders, and the protection of children and juveniles against sexual abuse.

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