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(영문) 서울남부지방법원 2017.07.14 2017고단1293
강제추행등
Text

A defendant shall be punished by imprisonment for six months.

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

(e).

Reasons

Criminal facts

On June 20, 2016, around 04:50, the Defendant: (a) discovered a victim while being investigated by the police station in the case of assault against the victim B (hand, temporary, and 25 years of age) and his male-child offering C, etc. on the street in front of the police station in Bupyeong-gu Incheon, Seosan-gu, Incheon, Busan, 41-1, the Defendant committed an indecent act by force against the victim by inducing the victim to commit an indecent act by force; (b) putting the victim’s chest on his hand at hand at the time; and (c) again putting the victim “100,000 won to drinking”; and (d) engaging in an indecent act by force against the victim by making the victim’s chest only once.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to B

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

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the aggravation of concurrent crimes with punishment prescribed in the second compulsory indecent act, heavier than the punishment) shall be applied to concurrent crimes;

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

1. Scope of the recommended sentences according to the sentencing criteria;

A. 1) The sentence scope of individual crimes 1) the second compulsory indecent act (basic crime) / [the scope of recommending punishment / the scope of compulsory indecent act (subject to 13 years or more) / the basic area (6 months or 2 years or more) / [2] No person subject to special sentencing] / the first compulsory indecent act [the scope of recommended punishment / the scope of recommended punishment / the basic area (6 months or more to 2 years) / there is no person subject to special sentencing] of the first type of indecent act (subject to 13 years or more).

(b) Scope of punishment recommended according to the standards for handling multiple crimes: Six months to three years.

2. The defendant's decision of sentencing did not only commit an indecent act by force on two occasions, but also commits an indecent act against the victim and his/her male-gu, and the defendant was investigated by the police as a assault case (the defendant received a summary order of KRW 2 million in this case) against the victim and his/her male-gu (the defendant received a summary order of KRW 2 million), and the crime is not very good, and the victim is the victim of this case.

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