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(영문) 서울북부지방법원 2018.11.30 2018고단2909
강제추행
Text

A defendant shall be punished by imprisonment for six months.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to six months of imprisonment with prison labor and two years of suspension of execution due to interference with business in the Seoul Eastern District Court on August 23, 2013; on January 29, 2014, the period of the suspension of execution was ten months after he/she was sentenced to imprisonment with prison labor for interference with business affairs in the Seoul Eastern District Court on May 3, 2014; on April 3, 2015, the sentence of the suspension of execution was terminated; on August 17, 2018, the execution of each of the above punishment was terminated; and on August 17, 2018, the Defendant was sentenced to one year and two months of imprisonment with prison labor by assault, etc. at the Seoul East Northern District Court on the ground of a

9.11. The judgment became final and conclusive.

[2] On October 14, 2017, the Defendant: (a) around October 21, 2017, at the front line of Yeongdeungpo-gu Seoul Metropolitan Government, 2017, brought about two times on the part of the Victim C (V, 36 years old); (b) on the part of the Victim C (V) who walked the paths; and (c) on the part of the Victim C (V, 36 years old

Accordingly, the defendant committed an indecent act against the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Investigation report (Attachment, etc. of Table for Handling 112 Reporting Cases);

1. Previous convictions in judgment: Inquiries about criminal history, reporting on the result of confirmation of the previous convictions and dispositions, reporting on the status of personal confinement, investigation reports (Attachment to judgment, etc.), and application of Acts and subordinate statutes to investigation reports (re

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. According to Article 56 of the Act on the Protection of Children and Juveniles against Sexual Abuse, the defendant's reason for sentencing of Article 56 of the Act on the Protection of Children and Juveniles against Sexual Abuse recognizes the crime of this case as late as possible, Article 37 of the Criminal Act recognizes the crime of this case as well as the equality in the case where the defendant tried at the same time as the crime recorded in the previous conviction in a concurrent relationship after the latter part of Article 37 of the Criminal Act, he refers to the defendant's appearance to other persons to the purport that the victim is gathered even though the defendant committed an indecent act

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