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(영문) 수원지방법원 여주지원 2017.10.18 2017고단557
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 40 hours.

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to one year and six months of imprisonment with prison labor due to forced indecent acts, etc. at the Sungnam support center on July 3, 2015, and the above judgment became final and conclusive on March 10, 2016, and completed the execution of the sentence in the relevant prison on August 31, 2016. On December 2, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for forced indecent acts in the Suwon branch support for Suwon branch and was sentenced on April 21, 2017, and the said judgment became final and conclusive in the relevant prison.

[Criminal facts] The Defendant: (a) around March 5, 2017, 107 U.S. Man-si, Man-si, Nam Eupn-si, Namju-si, and (b) the victim D (22 years old) with good body.

“In doing so, the victim’s chest, elbuck, inside bucks, etc. with the victim’s chest, elbuck, inside the victim’s breast, buckbuck, etc. as his hand, and the same month from March 5, 2017 to the same month, including the victim’s elbbbbbbbing in the victim’s side at night around the same day.

7. From 12:0 p.m. to 13:0 p.m. of the same month, the victim's distribution, chest, tock, buckbucks, etc. are met for 5 days low from the 12:0 p.m. to the 13:0 p.m. of the same month. At night, the victim's her mbbbb

Accordingly, the defendant committed indecent acts against the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, F, G, and H;

1. Previous convictions in judgment: A criminal investigation report (criminal history and investigation experience data, file of a certificate of confinement), investigation report (Attachment of a judgment among the same type of judgments), personal confinement status, investigation report (former judgments and attachment of a written judgment) and application of Acts and subordinate statutes;

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

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

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That the main sentence of Article 39 (1) (limited to each of the above crimes and the compulsory indecent act committed on April 21, 2017, for which judgment has become final and conclusive);

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. The judgment that constitutes a sex offense subject to registration and submission of personal information under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order.

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