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(영문) 서울북부지방법원 2018.10.11 2018고단3181
강제추행
Text

The punishment of the accused shall be determined by imprisonment with prison labor for ten months.

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

Reasons

Punishment of the crime

1. Around June 17, 2018, the Defendant discovered the victim C (here, 25 years of age, 25 years of age) who was walking on the street B in Seoul Jung-gu, Jung-gu, Seoul around June 17, 2018, and committed an indecent act by force against the victim by getting out of the left hand by getting out of the direction of the victim.

2. On June 30, 2018, the Defendant: (a) discovered the victim E (the 17 years old, 17 years old, her name) who was protruding a protruding book in front of the Seoul Jung-gu, Seoul around 22:30 on June 30, 2018; and (b) committed an indecent act by force against the victim by getting the victim’s chest by getting out of the bicycle in the direction opposite to the victimized person.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to C (tentative name) and E (tentative name);

1. Investigation report (to hear statements from a victim by telephone);

1. 112 Reporting case handling table;

1. Application of Acts and subordinate statutes to photographs, such as screen pictures and suspects after a CCTV closure;

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

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

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against which an order to disclose or notify is issued; Article 49(1)2 and Article 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Grounds for sentencing under Article 56 (1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is subject to employment restrictions;

1. Scope of the recommended sentences according to the sentencing criteria;

(a) No 1 crime (the scope of recommended punishment) is the basic area (6 months to 2 years) (the basic area (the person subject to special sentencing) of the first type of indecent act (the person subject to 13 years or more) under the general standard;

B. Class 2 Crimes [Scope of Recommendation] No basic area (6 months-2 years-2 years-2) (a person subject to special sentencing) of Class 1 (General Indecent Acts) is applicable to the crime of indecent act by force (subject to above 13 years-2) under the general standard

(c) The scope of final sentence due to the aggravation of multiple offenses: Six months to three years;

2. A telephone conversation is conducted on the street of a sentence.

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