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(영문) 광주지방법원 2019.07.03 2019고단763
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 40 hours.

Reasons

Punishment of the crime

[criminal power] On December 14, 2012, the Defendant was sentenced to six years of imprisonment by the Gwangju High Court on the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and completed the execution of the sentence in the Southern Prison on March 30, 2018.

【Criminal Facts】

On February 23, 2019, around 02:35, the Defendant discovered the victim D (the age of 28), discovered the victim D (the age of 28) in front of the Dong-gu, Gwangju Metropolitan City, and followed the victim after drinking the victim for indecent act by force. On the same day, around 02:42, the Defendant, at the same time, pushed the victim without permission in front of the former E-Ba, waiting for crossing protection signal, and first, when the victim waiting for the victim, the victim was driving the crosswalk from the front side of the victim, leading the victim to the front side of the victim, and led the victim to forced indecent act by force by deceiving the victim's hand.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer and statement of the D (second time);

1. Previous convictions in judgment: Criminal history records, reply reports (A), two copies of judgment, and one copy of confinement information inquiry shall apply;

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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

1. Articles 47 (1) and 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the main sentence of Article 49 (1) and the main sentence of Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Grounds for sentencing under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to the Welfare of Disabled Persons Act (Act No. 15904, Dec. 11, 2018), the main sentence of Article 59-3 (1) of the Act on Welfare of Disabled Persons

1. The scope of recommended sentences according to the sentencing criteria (the determination of types of sex offenses);

(b) The crime of indecent act by compulsion (the 13 years of age or older) [the 1 type] general indecent act by compulsion (the 1st person in special form] element of mitigation: the aggravated element of punishment:

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