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(영문) 수원지방법원 안양지원 2017.12.15 2017고단1651
강제추행
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

[criminal history] On August 26, 2016, the Defendant was sentenced to one year of imprisonment for a crime of indecent act committed by the Seoul Western District Court, etc., and completed the execution of the sentence on February 18, 2017. On June 8, 2017, the Seoul Central District Court sentenced the Defendant to three years of imprisonment for a crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (a quasi-decent act), and the said judgment became final and conclusive around September 2, 2017.

[2] Around 22:40 on July 12, 2017, the Defendant, at the Seoul Detention Center C, located in 143, Jinyang-ro, Jinyang-ro, Jinyang-ro, 143, and at the same direction coming back from the victim D (61 3:3) who was coming behind the floor to the same direction, the victim’s sexual organ was 3 to 4 times in the part, and the victim’s sexual organ was snicked by the victim’s own sexual organ, and at around 23:20 on the same day, the victim’s sexual organ was snicked by the victim’s own sexual organ, and was snicked by the victim’s her sexual organ, and then snick back and back.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to D, E, and F;

1. Each self-statement in the production of G and H;

1. Inquiry into history of a living room in confinement;

1. Previous convictions as indicated in the judgment: Inquiry of criminal history data, investigation reports (the previous confirmation reports), and application of Acts and subordinate statutes to investigation reports (the confirmation date of the judgment);

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

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. The sentencing of Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes, and Articles 49(1) and 50(1) main sentence of the Act on the Protection of Children and Juveniles against Sexual Abuse is due to the fact that the sentencing is due to the unfavorable circumstances: not only the period of repeated crime due to the same crime but also the crime committed against the inmate in the detention house while being tried for a preceding case, and the circumstances before and after the crime are committed.

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