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(영문) 수원지방법원 성남지원 2019.09.24 2019고단1835
강제추행등
Text

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

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

Reasons

Punishment of the crime

1. On July 31, 2019, from around 01:25 to 01:28, the Defendant openly committed an obscene act by examining the surrounding areas of the victim C (a person under the influence of alcohol, a person under the age of 24) who was found and passed after discovering the victim from the alleyway in front of his/her residence, and then viewing the victim’s will and self-defacing the Defendant’s sexual organ.

2. The Defendant, at around 01:28 on July 31, 2019, committed the act of self-defense as above at the place specified in paragraph (1).

The above victim committed an indecent act by coercioning the victim's sexual organ by breaking the victim's her hands in the gate of the above dwelling, pointing out his her son's son and her son's son's son's son's son's son.

3. On July 31, 2019, from around 01:28 to 01:39, the Defendant openly committed an obscene act by having the victim open a gate at the place specified in paragraph (1) and get out of the mouth in front of the gate and let out of the gate, and committing an act of self-defashing the sexual organ.

Accordingly, the Defendant made a patently obscene act and forced the victim to commit an indecent act on two occasions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to C by the police;

1. Application of the Acts and subordinate statutes on crime preventionCCTV, video CDs, and CCTV images in the course of crime;

1. Relevant Articles of the Criminal Act, the choice of a punishment, and the applicable Articles of the Criminal Act, Article 245 of the Criminal Act, Article 298 of the Criminal Act, and the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. If a judgment of conviction on a crime of indecent act by compulsion in the judgment that constitutes a sex crime subject to registration and submission of personal information under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities becomes final, the defendant is a person subject to registration of personal information under Article

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