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(영문) 서울서부지방법원 2015.01.16 2014고합321
강제추행
Text

1. The defendant shall be punished by imprisonment for six months;

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

3.

Reasons

Punishment of the crime

[Criminal Power] On August 29, 2013, the Defendant was sentenced to imprisonment with prison labor for one year and three years of suspended execution at the Seoul Western District Court for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, and is currently under suspended execution.

【Criminal Facts】

On July 23, 2014, at around 22:40, the Defendant committed an indecent act by force on the part of the victim D (V, 28 years of age) who was going to a path in front of Eunpyeong-gu Seoul Metropolitan Government on the street, by her hand.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Written statements of D;

1. Previous convictions of judgment: Application of Acts and subordinate statutes to suspect A case information inquiry, copy of judgment, criminal history records, etc.;

1. Article 298 of the relevant Articles of the Criminal Act and the selective punishment, and the choice of imprisonment;

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

1. Where a conviction becomes final and conclusive on the facts constituting a crime on which a disclosure order or a notification order is issued, as prescribed in 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, and Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the

Reasons for sentencing

1. Where the exercise of the tangible force (special mitigation) is considerably weak in the range of the recommended sentence [the scope of the recommended sentence] general standards for the crime of indecent act by compulsion (subject to the age of 13 or older) and the special mitigation field (one to one year), and the degree of indecent act is weak;

2. The fact that the defendant's decision on the sentence of this case acknowledges and reflects the crime of this case, the fact that the form of force or the degree of indecent act exercised in the course of the crime of this case is weak, the defendant seems to have committed the crime of this case contingently, the defendant's attempt not to repeat again without drinking, and the family members of the defendant are in preference.

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