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(영문) 의정부지방법원 2018.10.19 2018고단3538
준강제추행
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. 피해자 성명 불상자에 대한 범행 피고인은 2018. 7. 8. 00:46 경부터 01:56 경까지 사이에 의정부시 C 건물 지하 D 불가마 남성 수면 실에서, 잠을 자고 있는 성명 불상 피해자의 옆자리에 누워 다리를 피해 자의 다리 위에 올리고, 손으로 피해자의 손과 팔을 잡아 피고인의 성기에 가져 다 놓고, 계속해서 피해자의 손을 피고인의 허벅지 사이에 넣고 비볐다.

As a result, the Defendant committed an indecent act on the part of the victim by using the victim's resistanceable condition.

2. On July 8, 2018, from around 02:15 to 03:20 on the same day, the Defendant committed the crime against the victim E, who takes part in the place described in paragraph 1, and takes part in the side of the victim E (19 years) of the diving, and took part in the victim’s sexual organ by hand, and continued to take part in the victim’s body, and took part in the victim’s sexual organ.

As a result, the Defendant committed an indecent act on the part of the victim by using the victim's resistanceable condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes to photographic data (the face value of a victim with no name);

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. Where a conviction becomes final and conclusive on each crime of a sex offense subject to registration and submission of personal information under Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the relevant agency pursuant to Article 43 of the same Act.

The defendant's age, occupation, risk of repeating a crime, motive for committing the crime of this case, and crime exempted from disclosure order and notification order.

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