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(영문) 서울남부지방법원 2018.01.26 2017고단5669
강제추행
Text

A defendant shall be punished by imprisonment for six months.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Criminal facts

On September 30, 2017, the Defendant: (a) around 20:00, at D parks located in Yeongdeungpo-gu Seoul Metropolitan Government, had the victim E (here 29 years old) who was seeking the flame axisd, had a view to forcibly committing an indecent act against the female; (b) had a close close to the female; and (c) had the left hand about 15 minutes of the female’s right kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to the F Statements;

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

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

1. Determination on the assertion by an attorney-at-law under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes, and Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. The provisions of Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes shall apply to any act of the accused who commits an indecent act against the victim in parks where the gist of the assertion is concentrated;

2. Article 11 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes provides that “a person who commits an indecent act on another person in a public means of transportation, place of public performance or assembly, or any other place crowded with the public” shall be punished by imprisonment with prison labor for not more than one year, or by a fine not exceeding three million won. The legislative intent of the Act is to cope with the situation where punishment under other Acts, such as the Criminal Act, is not to be imposed due to an indecent act committed by any means other than exercising tangible power by taking advantage of the victim’s explicit and active resistance or evasion situation, such as where access with the victim is easy and where the place of indecent act is disclosed.

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