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(영문) 인천지방법원 부천지원 2014.04.02 2013고단3276
강제추행
Text

A defendant shall be punished by imprisonment for four months.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

[Criminal Power] On March 21, 2013, the Defendant was sentenced to a suspended sentence of three years for one year by imprisonment with labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts such as Fraudulent Means by Persons with Disabilities) at the Seoul Western District Court

3. The judgment becomes final and conclusive, and is currently under suspension of execution.

【Criminal Facts】

On September 5, 2013, from around 21:54 to around 22:30 of the same day, the Defendant was committing an indecent act by force against the victim, such as: (a) the Defendant was on board the bus at the seat of the high village bus located in the new erode of the town in Kimpo-si, Kimpo-si; (b) the Defendant was seated on the side of the victim D (the age 21) where the rear door of the bus was seated on the side of the third seat; and (c) the Defendant was seated on the side of the victim D (the age 21) where the victim’s right side and the victim’s left side side side side of the bridge are hicking; and (d) the Defendant’s bridge continued to cross the victim’s bridge and put the Defendant’s bridge into the part of the victim’s bridge.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partially the defendant's prosecution;

1. Statement of D police statement;

1. Investigation report (Analysis of film boxes and video data);

1. Blue image photographs;

1. Previous records of judgment: Criminal records, inquiry reports, and application of statutes governing judgment;

1. Relevant Article of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 11 of the Act on Special Cases concerning the Punishment of Sexual Crimes;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. The reason for sentencing under Articles 49 (1) 2 and 50 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse; the defendant, at the Seoul Western District Court on March 21, 2013, has been sentenced to a suspended sentence of three years for one year due to a crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts, such as Fraudulent Acts by Persons with Disabilities), and the same year;

3. 29. The judgment became final and conclusive and conclusive, and thus, commits a second offense without being able to do so, and up to this court.

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