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(영문) 인천지방법원 부천지원 2016.08.10 2016고단625
강제추행등
Text

A defendant shall be punished by imprisonment for six months.

The defendant shall order the completion of a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

[2016 Highest 625] On March 30, 2016, the Defendant accessed the victim E (one person, other person, and 31 years of age) at the public room of the soup, soup, so that the Defendant committed an indecent act against the female by taking the part of the victim as his hand at around 06:25, 2016.

[2016 Highest 1386] On March 30, 2016, the Defendant discovered and accessed that the Victim F (Gao, Gao, Gao, 18 years old) was locked at a public resting room of 'Drup 1st floor 'D' on the 2016.3. 06:23, 2016, the Defendant committed an indecent act against the Victim by taking advantage of the victim's mental and physical loss or resistanceable condition.

Summary of Evidence

[2016 Highest 625]

1. Statement by the defendant in court;

1. Statement in the police statement protocol with respect to E (2016 order 1386);

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes in which statements made by the police in F are recorded;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, Article 298 of the Criminal Act, Articles 299 and 298 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. Crimes No. 1 of the scope of the recommended punishment [the scope of the recommended punishment] Crimes No. 2 of the No. 1 of the basic area (6 months to 2 years) (the scope of the recommended punishment] of the No. 1 of the Act on Indecent Acts (the subject of 13 years or more) (the subject of 13 years or more) (the subject of 13 years or more) (the subject of 13 years or more) of the basic area (6 months to 2 years) of the Act on Indecent Acts (the subject of 13 years or more) (the scope of the final sentence due to the increase of multiple offenses: June to 3 years:

2. Circumstances favorable to the determination of sentence: The defendant led to the confession of the crime of this case and appears to have repented his mistake, and the defendant has no previous criminal record, etc.; the crime of this case is not suitable in light of the degree of the crime of this case and the method of the crime, and the victims have considerable shock and mental suffering.

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