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(영문) 의정부지방법원 2018.03.27 2017고단5241
강제추행
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 80 hours.

Reasons

Punishment of the crime

around 22:05 on August 26, 2017, the Defendant approach the victim F (the 20-year-old age), who was sitting and standing in the event of alcohol in the E-connection in Seoul Special Metropolitan City, Nowon-gu D around August 26, 2017, to the victim F (the 20-year-old age).

After the end, at around 22:11 on the same day, the victim's right chests were flicked one time with the right fingers from the E E Station, and on the same day, at around 22:18 on the same day, the victim was forced to put the victim into the pole in Seoul Special Metropolitan City, Nowon-gu, Nowon-gu, by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Report on investigation;

1. A report on internal investigation (a CCTV investigation into H station CCTV) and a report on internal investigation (a CCTV investigation into CCTV in the Ethical area);

1. Application of Acts and subordinate statutes concerning the report of investigation;

1. Relevant provisions of the Criminal Act and Article 298 of the Criminal Act concerning the selection of punishment;

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. One month to fifteen years from the date of imprisonment with prison labor within the applicable sentencing range by law; and

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

(a) Each compulsory indecent act [types] crime of indecent act committed on the basis of general standards (subject to 13 years or more) and the basic field of the first type (decision in the sphere of recommendation] (decision in the sphere of recommendation] (decision in the sphere of recommendation] [the scope of punishment] 6 months to 2 years;

(b) Scope of recommended sentence based on the standards for handling multiple crimes: Six months to three years.

3. The defendant shows his attitude to recognize and reflect his mistake.

However, in light of the contents of the instant crime, degree of prosecution, relationship between the Defendant and the victim, etc., the Defendant was unable to receive a letter of suspicion from the injured party.

Moreover, the Defendant is sentenced to a sentence on the grounds that he was sentenced to a punishment for the same crime (a judgment of indecent act by force of a minor (10 months of imprisonment) by his own District Court Decision 2013No871 decided June 19, 2013).

The defendant's age, sex, environment, and motive and background leading to the crime.

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