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(영문) 서울남부지방법원 2019.08.30 2018고단6609
강제추행
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On November 21, 2013, the Defendant was sentenced to three years of imprisonment due to a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in Seoul Southern District Court (a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes) and completed the execution of the sentence in a female prison on September 29, 2016. On September 15, 2017, the Seoul Southern District Court sentenced the Defendant to one year of imprisonment due to indecent act by force, etc., and completed the execution of the sentence in an Ansan prison on March 9, 2018.

On May 17, 2018, at around 16:30 on May 17, 2018, the Defendant, at a restaurant operated by the victim C (n, 67 years of age) located in Gangseo-gu Seoul Metropolitan Government, did not pay the price and did not pay the price, and the victim attached the Defendant. The victim was able to set up the Defendant, and the victim was frighted over the upper bed, and the victim’s 70 senior citizens kicked on the part of the victim’s ship. The Defendant, by hand, her chest and humk of the victim, committed an indecent act by force against the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Three copies of the police statement concerning C (pre-trial records) judgment, and the application of Acts and subordinate statutes concerning personal confinement;

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

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

1. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018); Article 2 of the Addenda to the Welfare of Disabled Persons Act (amended by Act No. 15452, Dec. 11, 2018); Article 59-3(1) of the Act on Welfare of Disabled Persons (amended by Act No. 15452, Feb. 3, 2019; the Defendant was punished three times for the same crime; the Defendant re-offendered the crime during the period of repeated crime of the same kind; the degree of indecent act in this case; the Defendant’s age, character and conduct, circumstances of the crime, and circumstances after the crime.

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