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(영문) 서울북부지방법원 2015.10.15 2015고단2020
강제추행등
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

1. On May 11, 2015, the Defendant committed an indecent act by indecent act by compulsion on the way in front of a cafeteria located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, in order to say that the victim E (n's, 47 years of age) who was at the time and was living there was a “rest of smoke” and that the victim’s chest was forced to commit an indecent act by force.

2. At the time and place specified in Paragraph 1, the Defendant committed an indecent act against the victim, as seen above, assaulting the victim at the right right right right right right right right right right right right of the victim due to the victim’s appearance.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statement to E;

1. Article 298 of the Criminal Act applicable to the crime, the choice of punishment, and Article 260 (1) of the Criminal Act (the point of violence and the choice of imprisonment);

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

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

(a) The basic field of the crime of indecent act by compulsion (the first crime) [the range of punishment by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by compulsion] (the range of punishment by indecent act by indecent act by indecent act by indecent act by indecent act by ordinary standard

(b) Crimes of assault (Crime 2) / [Type 1 of the Act on the Punishment of Violence] / General Violence / [Extent of Recommendation] / Imprisonment - Special Person: The motive of the crime to be criticized (the victim of indecent act by compulsion after indecent act by compulsion)

C. The scope of final sentence due to the aggravation of multiple crimes: (a) according to the decision on the sentence of imprisonment for six months to two years, the sentence shall be imposed in consideration of the Defendant’s age, character and behavior, intelligence and environment, health conditions, details of the crime, motive of the crime, circumstances after the crime, etc.; (b) the recognition of the crime committed by force majeure; (c) the same kind of crime records similar to those of violence (including 10 times of actual punishment); and (d) the probation period of the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (2 years of imprisonment for six months, and July 26, 2014).

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