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(영문) 서울서부지방법원 2015.01.27 2014고합364
강제추행
Text

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

2. The defendant shall complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On December 20, 2011, the Defendant and the person to whom the attachment order was requested (hereinafter referred to as “Defendant”) sentenced the Seoul Western District Court to imprisonment with prison labor for general automobile fire prevention, and completed the execution of the sentence on October 29, 2012.

Criminal facts

At around 23:30 on September 30, 2014, the Defendant called “D” in Yongsan-gu Seoul, “D,” the victim E (n.e., 26 years of age) who passed along the path, “I are so bad that I are well bad.” On the part of the victim, the Defendant, who was able to walk the original sprink in which the victim was suffering, was forced to commit an indecent act by force by force, by making the victim’s buckbuck paper one time.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of the police officer E and F;

1. Investigation report (to search persons subject to investigation by the other party of the suspect, attach on-site photographs, attach on-site CCTV photographs and video CDs);

1. Grounds for previous convictions: A criminal investigation report (Attachment of court rulings related to suspect's power), inquiry report, and application of Acts and subordinate statutes to the status of confinement for individuals;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

2. Article 35 of the Criminal Act among repeated crimes (it is true that there is a criminal offense of general automobile fire prevention);

3. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes.

4. An order to disclose or notify information, Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse / Article 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. The scope of the recommended punishment according to the sentencing guidelines: Where the exercise of the specific mitigation area (one month to one year) (special mitigation area) is considerably weak and the degree of indecent act is considerably weak on the basis of the general standard for the crime of indecent act by compulsion (subject to the age of 13 or more) from one month to one year (subject to the age of 13 or more) of imprisonment;

2. Determination of sentence;

A. The Defendant is guilty of causing rape, etc. several times.

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