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(영문) 인천지방법원 2016.06.23 2016고단2979
강제추행등
Text

Defendant shall be punished by imprisonment for ten months and by a fine of two thousand won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

On November 22, 2012, the Defendant was sentenced to two years of imprisonment in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (voluntary indecent act by any disabled person) at Seoul Southern District Court (Seoul Southern District Court) and completed the execution of the said sentence on August 2, 2014.

1. On March 21, 2015, the Defendant forced indecent act committed an indecent act by: (a) reporting the victim D (at the time, 23 years old) who was going through the front of the Incheon Bupyeong-gu Incheon Bupyeong-gu apartment apartment playground; and (b) forcing the victim to commit an indecent act by forcing the victim to commit an indecent act; and (c) forcing the victim to commit an indecent act by using the victim’s right knift at his/her hand.

2. On February 2015, the Defendant, while making cleaning at the guest room located in Bupyeong-gu Incheon Metropolitan City Bupyeong-gu “Furel” in Bupyeong-gu, Incheon, the Defendant embezzled, without following necessary procedures, on his/her own idea that he/she had, without taking any necessary procedures, such as discovering a reflector for women, and returning it to the victim, while the Defendant was making cleaning at the guest room located in Bupyeong-gu, Incheon.

3. On April 27, 2015, the Defendant was sentenced to a fine of KRW 5 million and a orders to complete a sexual assault program of KRW 40 hours at the Seoul Southern District Court as an indecent act committed by force.

Nevertheless, the Defendant failed to comply with the direction of implementation of the project without any justifiable reason even though he/she received a warning under the Act on the Observation of Protection, etc. by failing to comply with the direction of implementation of the project and the direction of request for attendance from the Seoul Southern Branch.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each statement of G and H;

1. Police seizure records;

1. Status of observation on protection;

1. A criminal investigation report (Attachment of decisions related to the same kind of force as the suspect);

1. Previous convictions: Inquiries about criminal history and application of investigation reports (Attachment of judgments, etc. related to the same type of suspect's power);

1. Article 298 of the Criminal Act and Article 360 of the Criminal Act concerning criminal facts and the choice of punishment (the point of forced indecent act and the choice of imprisonment).

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