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(영문) 의정부지방법원 고양지원 2017.06.15 2017고단1007
준강제추행
Text

A defendant shall be punished by imprisonment for six months.

The defendant shall be ordered to take a lecture for the treatment of sexual assault for 40 hours.

Reasons

Punishment of the crime

At around 11:00 on April 4, 2017, the Defendant committed an indecent act on the part of the victim by using the victim’s state of resistance impossibility by taking advantage of the victim, where the victim F (the age 25), who was sitting in the front seat of the Defendant, has sexual desire to commit an indecent act against the victim, within the E operating in the vicinity of the Seoul and the front seat D rest area in Yangju-si, via a high-sea integrated terminal room. On the other hand, the Defendant: (a) had sexual desire to commit an indecent act against the victim; (b) had knife his hand with the front seat and windows; and (c) had knife the victim’s hand over with the front seat and windows; and (d) had knife the victim’s hand over the left part of the bus and the knife.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the law of the police statement protocol to F;

1. Relevant Article of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the choice of punishment;

1. The crime committed against the victim on the ground that the victim was divingd within an express bus, which is a space closed with the reason for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Order to Attend the lecture, is a crime committed against the victim on the ground that the nature of the crime is extremely poor in light of the method of the crime and the degree of indecent act, and that it seems that the sexual humiliation and displeasure suffered by the victim would have been considerable in view of this, there is no effort to recover the damage suffered by the victim, and that the victim strongly wants to punish the defendant, and that there was a history of punishment for sexual assault crimes, it is reasonable to punish him/her with a penalty

However, the punishment as ordered shall be determined by comprehensively taking into account all the sentencing conditions shown in the arguments of this case, such as the fact that the crime is recognized and against the defendant, and the age, sex, family environment, and circumstances before and after the crime.

When a conviction on a crime in the judgment that is a sex offense subject to registration and submission of personal information becomes final and conclusive, 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

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