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(영문) 수원지방법원 2013.03.22 2012고합1151
준강제추행등
Text

A defendant shall be punished by imprisonment for four months.

To order the defendant to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On November 2, 2012, the Defendant was sentenced to imprisonment with prison labor for six months at the Suwon District Court for fraud, and the said judgment became final and conclusive on November 10, 2012.

1. A quasi-indecent act by compulsion on September 15, 2012, around 00:07, the Defendant boarded a multi-regional bus operated in the direction of water source from the male south of the sea at the bus stops located in Masking-si, and discovered that the victim was under the influence of alcohol and was seated back to the side of the victim F (the age of 23) and brought about about about about 10 minutes with both arms, and rhhhh the finger and breast.

Accordingly, the defendant committed an indecent act on the part of the victim by taking advantage of the mental condition of the victim.

2. The Defendant: (a) discovered a 900,000 won Handphone (on the part of the victim) at the market value of the victim, which the victim had been sponsed on his hand at the same time and at the same place as the statements in the preceding port; and (b) cut off all Handphones by sponsing them by hand.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police of the F;

1. A report on the occurrence of a crime (thief), a report on internal investigation (a relative investigation by the victim, etc.), a report on internal investigation (CCTV verification and investigation), a CCTV photograph attachment inside the E bus, a criminal investigation report (a counter investigation by the E bus engineer), a criminal investigation report (verification of details of the use of a suspect card), a report on seizure, and a complaint;

1. Previous convictions indicated in judgment: Criminal records, previous records of disposition and report on results of confirmation, investigation reports (verification of criminal punishment records of suspects), and application of Acts and subordinate statutes to inquiry into consolidated cases;

1. Relevant Articles 299, 298, and 329 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of imprisonment with labor;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. The Defendant, on the grounds of sentencing under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, received a summary order of KRW 1.5 million on the ground that the Defendant committed the same indecent act by force as the instant indecent act by force.

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