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(영문) 서울남부지방법원 2017.09.20 2016고단5602
강제추행등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

around April 8, 2016, the Defendant: (a) discovered the victims coming from the above singing-out on the side of the sing-out in Geumcheon-gu Seoul Metropolitan Government “E” operated by the victim D (W, 42 years of age) (hereinafter referred to as “E”) around 05:2, 2016; and (b) took the sing-out and drawn the victims’ arms, and committed an indecent act by making the victims’ left chest only once by hand.

On February 28, 2017, the Defendant: (a) around 09:15, 2017, at H operated by the victim G (43 ) located in Geumcheon-gu Seoul Metropolitan Government F, the Defendant demanded daily allowances from the victim on the ground that he/she was assigned from the above manpower work station to the site to work for day duty; (b) but he/she did not meet the requirements for visa-related qualification and returned to the site; (c) he/she was refused to do so; and (d) the victim flicked the victim’s chest by sound “the flick fl.” and assaulted the victim’s chest at one time by drinking.

Summary of Evidence

1. Each legal statement of witness D and G;

1. On-site dispatch reports;

1. A CD (2016est 5602, page 14 of the evidence records of the case);

1. Each photograph (the defendant and his defense counsel did not commit any indecent act against the victim D, and they did not commit any assault against the victim G. However, according to the evidence submitted by the prosecutor, the facts of forced indecent act and assault as stated in the judgment of the defendant can be sufficiently recognized. Thus, the defendant and his defense counsel's assertion cannot be accepted) shall be applied to the law.

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

1. The scope of applicable sentences under law: Imprisonment for one month to 12 years; and

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

(a) Basic crime: The crime of indecent act by force [a type] sexual crime (subject to 13 years or more) shall be the general indecent act by force (one type).

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