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(영문) 의정부지방법원 2016.09.12 2016고단1162
강제추행등
Text

A defendant shall be punished by imprisonment for not more than ten months.

The defendant shall order the completion of a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. On September 13, 2015, the Defendant: (a) discovered the victim C (in female, 48 years of age) returning home in front of the Namyang-si on September 13, 2015; (b) took the victim’s chest and arms on his/her own hand; and (c) committed an indecent act by force.

2. On September 13, 2015, the Defendant: (a) was accused of the indecent act described in paragraph 1 from the victim E (the husband of the victim C (the husband of the victim C) as stated in the above paragraph 1 on September 13, 2015; and (b) was accused of the victim’s instant indecent act as described in paragraph 1 on September 13, 2015; (c) said, the Defendant made the victim’s desire for the victim; and (d) took two times prices of the victim’s side interest by drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C, E, and F;

1. Application of statutes, such as site photographs;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, Article 298 of the Criminal Act, Article 260 (1) of the Criminal Act, and the choice of imprisonment with prison labor;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. The basic area (6 months to 2 years) of the crime of indecent conduct in force (subject to 13 years or more) provided for in the general standards;

2. Crimes of assault [Scope of Recommendation] Class 1 (General Assaults) in the basic area (2-10 months from February to October) of the Act on the Punishment of Violence / [Determination of Punishment] of this case is not only a very significant crime in itself, but also a crime of this case in order to maintain good social order because the defendant's violent performance and sociality have become strong in the process.

The defendant was living together with the mother of a female victim who had no relationship with the victim, and the victim saw as the victim's resistance, and insultd by "I Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha", and even when the husband and police officer of the victim are under the influence of the victim, the victim E who is the husband of the female victim did not only take a bath to the victims but also assaulted the victim E.

The criminal defendant has been extremely badly committing a crime, such as inducing minors in the past, committing rape, coercion, committing a rupture, and committing a rupture.

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