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(영문) 수원지방법원 안산지원 2018.10.24 2018고단1646
준강제추행
Text

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

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

Reasons

Punishment of the crime

The Defendant, on March 11, 2018, 2018, 1646, hereinafter “2018 Go-dan 1646”), was divingd on the side of the Victim C (Gao, knee, knee, knee, knee, and gre) who was divingd on March 11, 2018.

Accordingly, the defendant committed an indecent act against the victim by using the victim's resistanceable condition.

The Defendant, around August 17, 2018, 2018, 205:5:50 on August 17, 2018, 2018, “E” on the second underground floor D D, E, E, at the sobrying room, she became her her son at the victim F (F, 25 years old) who was diving.

Accordingly, the defendant committed an indecent act against the victim by using the victim's resistanceable condition.

Summary of Evidence

"2018 Highest 1646"

1. Statement by the defendant in court;

1. Statement made by the police with regard to C (tentative name);

1. 2018 Highest 2876, a photograph of the CCTV images taken by the defendant at the scene of his/her crime;

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to photographs of crime scene;

1. Relevant Article of the Criminal Act and Articles 299 and 298 of the Criminal Act, and the choice of imprisonment for the crime;

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

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

1. Grounds for sentencing under the main sentence of Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018);

1. The scope of the final sentence due to the aggravation of multiple offenses for which no person is subject to the sentencing guidelines (six months to two years), the basic area (six months to two years) of the Act on the Punishment of Indecent Acts by Forced Persons (subject to the age of 13 or more) (the scope of recommendations) (the scope of the final sentence due to the aggravation of multiple offenses for which no person is subject to the special sentencing): Six months to three years;

2. Determination of sentence: (a) comprehensively taking account of the following circumstances, the Defendant’s age, sex, career, home environment, motive and means of committing the instant crime, and the circumstances constituting the sentencing conditions specified in the pleadings after committing the crime, as set forth in the text.

[Unfavorable Conditions] The Defendant is the instant case.

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