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(영문) 서울서부지방법원 2018.11.07 2018고단2851
강제추행
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

【Criminal Records】 On November 18, 2016, the Defendant was sentenced to eight months of imprisonment due to forced indecent acts, etc. at the Seoul Eastern District Court, and completed the execution of the sentence in the Seoul East Eastern District Court on August 8, 2017.

【Criminal facts】 The Defendant served as an employee who mabs, etc. in Seodaemun-gu Seoul Metropolitan Government “D” located on the third and third floors.

On July 2, 2018, around 17:00, the Defendant: (a) while making a back-to-face telegraph with the victim E (here, 33 years of age) who had been a customer from the above “D” against the victim E (here, she was 33 years of age); (b) making a back-to-face with the victim’s will; and (c) making a back-to-face with the victim’s will; and (d) cutting down the victim’s name after cutting down the victim’s door.

Then, the Defendant returned to the victim in the future, added the hand to the victim's inner part of the victim's chest to the long time, opened the victim's bucks by side, opened the victim's bucks to the victim's bucks by side, and opened the bucks inside the bucks and bucks.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. The text of the musical paper in which the situation at the time of damage is recorded;

1. Previous convictions: Application of Acts and subordinate statutes, such as inquiry about criminal history and investigation reports (the confirmation of criminal records and repeated offense of a suspect and attachment of 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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The customer is a Morse branch with reasons for sentencing in the main sentence of Article 56(1) of the Act on the Protection of Children’s Juveniles against Sexual Abuse.

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