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(영문) 수원지방법원 안양지원 2017.10.13 2017고단1423
강제추행
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On June 21, 2017, the Defendant: (a) purchased two tobacco from the victim E (the name, fring, 36 years of age) who is a Eart employee in Gyeyang-gu, Manyang-si, Manyang-si, the Defendant committed an indecent act by force against the victim by taking advantage of the gaps in which the victim calculated, making use of the gap in which the victim calculated, and making the victim’s left shoulder only once. (b) On the left hand, the Defendant committed an indecent act by force against the victim by making the victim’s left chest one time with the victim’s left chest on the left hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to E;

1. Application of the Acts and subordinate statutes governing CDs for copying visual data from nearby the site;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

1. As to the assertion of mental and physical loss under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the defendant and his defense counsel had a mental and physical loss by drinking at the time of the crime in this case

However, in full view of all the circumstances, such as the background of the instant crime, details and mode of the instant crime, and the Defendant’s conduct before and after the instant crime, which can be known by the record, the Defendant was under the influence of alcohol and had no or weak ability to discern things or make decisions.

It does not seem that it does not appear.

Therefore, the above argument is not accepted.

The sentencing is determined [the scope of the recommended sentence according to the sentencing guidelines] - The mitigated area (one month or year of imprisonment) for the crime of indecent act by force (for 13 years or more) under the general standard - 4 months of imprisonment for a case where the exercise of tangible force is significantly weak (a decision of sentence): In light of the background and content of the crime, the circumstances after the crime, etc., the nature of the crime is not weak, the crime was not taken against the injured person, the same kind of fine with similar contents even in around 2013, and the judgment becomes final and conclusive on November 26, 2016 on November 18, 2016.

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