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(영문) 서울남부지방법원 2018.01.17 2017고단2700
강제추행등
Text

A defendant shall be punished by imprisonment for six months.

To order the defendant to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On April 22, 2017, around 23:10, the Defendant, under the influence of alcohol in front of “D” located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, (hereinafter “D”), humpeded the victim from the back of the victim E (n, 58 years of age) who was under the influence of alcohol without any reason, and committed an indecent act by force against the victim by drinking the victim on several occasions, and assaulted the victim’s humbbbbbs that the victim refused to do so twice.

Summary of Evidence

1. Each legal statement of witness E and F;

1. Statement made by the police for E;

1. Application of F’s written Acts and subordinate statutes;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

1. Reasons for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. The scope of applicable sentences under law: Imprisonment for one month to ten years; and

2. The scope of the recommended punishment [type determination] according to the sentencing guidelines that there is no person who commits an indecent act by force (subject to at least 13 years of age) in the general compulsory indecent act (type 1) [the territory of recommendation and the scope of the recommended punishment] (the scope of the recommended punishment] from six months to two years.

3. The crime of this case by which the defendant committed an indecent act by deceiving the victim's chest and her chest without any reason and assaulting the victim. As such, it is relatively significant that the defendant committed an indecent act, the defendant reported to the police by himself to the police, and the victim and witness was the victim and witness. The defendant seems to have the attitude of denying and not opposing the crime up to this court, and considering the fact that the damage was not recovered, it is deemed inevitable to sentence the defendant to the defendant.

On the other hand, in determining the term of punishment, the defendant's punishment was imposed for larceny in 201, taking into account the favorable circumstances in which the defendant has no record of punishment in the Republic of Korea, and taking into account the conditions of punishment as shown in records and changes.

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