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(영문) 서울남부지방법원 2018.12.14 2018고단5555
준강제추행
Text

A defendant shall be punished by imprisonment for two years.

The defendant shall be ordered to complete 80 hours of sexual assault treatment programs.

Reasons

Punishment of the crime

[Criminal record] On May 19, 2016, the Defendant was sentenced to two years of imprisonment for an indecent act committed by force in Seoul Southern District Court, and completed the execution of the sentence on November 23, 2017.

[Criminal facts] around 05:20 on September 1, 2018, the Defendant, who was divingd in Guro-gu Seoul Metropolitan Government C Sarina, was fright back to the victim D (M, 33 years of age) and became her hand over the victim’s left shoulder.

The defendant, after the victim resisted the victim and moved the place, and around 05:30 on the same day, covered the victim's body by a large number of cases, and then the victim's left kacks the victim's hand.

Accordingly, the defendant committed an indecent act against the victim by using the victim's resistanceable condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of attached Acts and subordinate statutes, such as each investigation report and judgment;

1. Relevant Article of the Criminal Act; Articles 299 and 298 of the Criminal Act; the choice of imprisonment for a crime;

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

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

1. Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is an employment-restricted order;

1. The sentence identical to the order shall be imposed by taking into account the following factors: (a) the number and details of the instant crime for the reason of sentencing under Articles 47(1) and 49(1)2 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes; and (b) the method of sentencing under Articles 50(1)2 and 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse; (c) the Defendant’s previous conviction relation; and (d) the Defendant’s age, sex, environment, family relationship, circumstances after the commission of the crime, etc.; and (e) comprehensively considering the following factors:

Where a conviction becomes final and conclusive on the criminal facts of this case against the defendant who has registered personal information, the defendant shall obtain personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

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