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(영문) 수원지방법원 안양지원 2016.03.30 2016고단80
강제추행
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On October 7, 2010, the Defendant was sentenced to four years of imprisonment for a crime of violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims (Rape) at the Seoul High Court (Seoul High Court) and completed the execution of the sentence on April 8, 2014.

On December 8, 2015, the Defendant discovered the victim D (the 75 years of age) who had difficulty in moving in front of the Dong office in Ansan-si and has weak body before the Dong office in Ansan-si, and found the victim's house at the same direction, and carried the victim's house to the defendant's house in E 201 during the time when the victim became aware of the victim by speaking at the same direction, and going through a room around 11:00 of the same day, and moved the victim's house to the ward in front of the Dong office in Ansan-si, and opened the room in front of the victim's own arms, and opened the victim's house in order to prevent the victim from resisting the victim by leaving the room in front of his own arms, cut off the victim's upper part and lower part of the victim's house, and opened the victim's breast as soon as possible between him and the victim's chest.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

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

1. Previous convictions in judgment: Inquiry into criminal history, report on investigation (a repeated crime and person subject to registration in personal position) and application of each statute of the judgment;

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

1. Where a conviction becomes final and conclusive against a defendant who has registered personal information under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Articles 49(1) and 50(1) main text of the Act on the Protection of Children and Juveniles against Sexual Abuse, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is a person subject to registration of personal information under Article 43 of the same Act.

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