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(영문) 수원지방법원 안산지원 2016.10.07 2016고단3266
강제추행
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Criminal facts

On September 3, 2016, at around 12:20, the Defendant committed an indecent act against the victim F (the age of 31) of the victim F (the 31) who was sitting alone in a scam in the scam in light of light C and D playground E Park, the Defendant asked the victim whether he/she was mixed or was able to do so, and then he/she sits down next to the victim by asking him/her as to whether he/she was mixed, and then the victim’s her her her her her her her her her her herbbbbbbbbs, etc., and continued to put his/her her her her her her hand between the herbbbbbbbbs, and refused the victim’s her her chest

Summary of Evidence

1. The defendant's partial statement (the defendant and his defense counsel asserted that the defendant suffered from alcohol dementia and was in a mental and physical state at the time of the crime. According to the records, the defendant's physical and mental state at the time of the crime can be acknowledged as having drinking alcohol at the time. However, in light of the method of crime and the situation before and after the crime, it cannot be viewed that there was a state where the defendant's physical and mental state was in a state where he suffered alcohol from alcohol disease, or where the defendant'

1. Application of Acts and subordinate statutes to police statements made to F;

1. In light of the pertinent legal provisions on criminal facts, Article 298 of the Criminal Act on the selection of a sentence, the choice of imprisonment (the crime in this case committed while the defendant commits the same crime during the suspension of the execution period due to the same criminal act, and the fact that the victim has not yet been recovered from damage, etc., a sentence on the defendant is inevitable: Provided, That the sentence on the defendant is inevitable, considering all the sentencing conditions shown in the trial of this case, including the fact that the defendant is recognized as a general criminal act, and that the defendant's health is not good, etc., the range of recommended sentences on the sentencing guidelines to determine the sentence like the order: 6-2 years of imprisonment, 6-2 years of general standards and 1-year basic area (6-2 years of general indecent act) of the crime of indecent act by compulsion (the scope of recommending punishment)

1. The punishment, etc. of sexual crimes committed against him/her;

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