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(영문) 수원지방법원 안양지원 2015.02.13 2014고단1179
강제추행
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On April 1, 2014, at around 01:40 on April 1, 201, the Defendant committed an indecent act by compulsion against the victim C (53 years of age), by: (a) reporting that the victim C, who was going to peep in a fishcar and sold in front of Songpa-gu Seoul Metropolitan Government D, will peep; and (b) making the victim a peep, without giving notice to the victim demanding it; (c) leading the victim, without giving notice, his/her own car to the victim who demanded peep; (d) he/she saws the victim’s head from behind the victim, she saw the victim’s chest, she saw the victim’s chest, and she gets the victim’s chest, and she gets the victim’s breast by hand, and she committed an indecent act by coercioning the victim.

2. The Defendant, at the same time, committed indecent act by compulsion against the victim E (28 years of age, south) entered a restaurant “F” in the vicinity of the Defendant’s indecent act at the same time and at the same place.

Accordingly, the victim E, who is an employee of the above restaurant, went out of the restaurant, was called the victim's boat, humping the victim's boat, and was not governance, and committed an indecent act by force against the victim by making two times the sexual organs of the victim.

Summary of Evidence

1. Each legal statement of witness C and E;

1. Application of the laws and regulations to CCTV images [the above statements may be trusted in light of the consistency of the statements of witnesses C and E, the attitude of legal statements, etc., and criminal facts are recognized].

1. Article 298 of the Criminal Act and the choice of punishment for the crime, Article 298 of the Criminal Act 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. The grounds for sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order (the scope of recommending punishment) [the scope of punishment] is between six and three years of imprisonment, and the scope of the final sentencing following the aggravation of multiple offenses in the basic sphere of general indecent act by compulsion. [Pronouncement: 6 months of imprisonment] The victim C does not seriously reflect by denying all of the crimes.

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