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(영문) 수원지방법원 평택지원 2018.05.30 2018고단163
강제추행등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

[criminal history] On January 14, 2016, the Defendant was sentenced to six months of imprisonment by interfering with his/her duties, etc. at the Suwon, and was released from the Suwon detention center as a ruling to revoke detention on March 23, 2016.

[Criminal facts]

1. On November 6, 2017, the Defendant, at around 03:15, committed an indecent act by force, on the part of the victim E in Pyeongtaek-si, obtained the card password in front of the Kabter and used the victim’s left side bridge in his/her hand from the victim, etc., and forced him/her to commit an indecent act by force.

2. The Defendant: (a) expressed the victim’s desire to commit an indecent act by force at the time, date, time, and place specified in paragraph 1, that “the victim’s appearance is 8 times the victim’s face and head are considered to be 11 times the victim’s injury to the victim; and (b) was inflicted on the victim, who was in need of approximately two weeks’ face and head care.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to E;

1. A photograph of a CCTV course;

1. A written diagnosis of injury;

1. Decision on repeated crimes;

1. Application of Acts and subordinate statutes on confinement;

1. Relevant Article 298 of the Criminal Act, Article 298 of the Criminal Act, Article 257 (1) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

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

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. On the grounds of sentencing in the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the first type of crime (Assault) [the scope of recommending punishment] in the area of mitigation (two months to one year), [the person who has been specially mitigated] in the area of mitigation (including efforts made to recover damage), in the case of punishment not (including the person who has been specially mitigated) or in the case of recovery of considerable damage, the second type of crime (sex crime) in the case of compulsory indecent act (the scope of recommended punishment] in accordance with the general standards. The second type of crime of compulsory indecent act (the person who has been subject to 13 years of age or older) in the area of mitigation (one month to one year of imprisonment) [the person who has been specially mitigated] in the area of mitigation (the person who has been subject to special mitigation] in

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