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(영문) 창원지방법원 통영지원 2017.08.08 2017고단604
준강제추행
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

Around 07:50 on March 22, 2017, the Defendant: (a) reported at a children’s play room located in Gangdong-gu Seoul, Gangdong-gu, Seoul, that the victim F (the victim F, the 25-year old age), was locked, and used it, used it in order to have the victim be forced to commit an indecent act; and (b) made soup with the victim’s humbry, humping, and huming the hand outside.

Accordingly, the defendant committed an indecent act against the victim by using the victim's non-satisfy condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to F;

1. 112 Reporting case handling table;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to photographs of place of occurrence);

1. Relevant Article of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the choice of punishment;

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) and 50(1) of the Act on the Protection of Juveniles from Sexual Abuse;

1. Scope of applicable sentences under law: From one month to ten years of imprisonment;

2. The scope of the recommended punishment [the scope of the recommended punishment] on the sentencing guidelines and the general standards for sex crimes (subject to persons aged 13 or older) and the mitigated area (one month to one year) of the mitigated area (person subject to special mitigation] is not subject to the punishment;

3. In light of the fact that the crime of this case, which was sentenced to punishment, committed by the Defendant only several times to make soup that many people use, and commits an indecent act by making soup, the nature of the crime is considerably poor, the victim was suffering from considerable mental impulse and sexual humiliation due to the crime of this case, and the Defendant was under criminal punishment twice due to the same sex crime (one time to suspend the execution of imprisonment, one time to impose a fine) and there is a record of being subject to criminal punishment, it is deemed that there is a serious punishment against the Defendant.

However, the fact that the defendant is attempting to commit a crime, and the defendant wishes to do so with the victim.

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