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(영문) 의정부지방법원 2017.09.28 2017고단3352
강제추행등
Text

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

To order the defendant to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

1. A quasi-indecent act: (a) around July 17, 2017, the Defendant entered the second floor of the C building in Namyang-si, Namyang-si, the second floor of the C building, discovered the victim E (the 54 years old), attempted to commit an indecent act against the victim; (b) opened the victim’s side to the victim; (c) opened the left hand to the victim’s inner part; (d) opened the part of the victim’s sexual flag and conspiracy to the victim’s inner part; and (e) committed an indecent act on the part of the victim.

2. On June 6, 2017, the Defendant: (a) discovered the victim F (mar, 20 years of age) on the 19-41 bicycle road, a 27-lane 19-41 bicycle-ro, Namyang-si, Seoyang-si, Namyang-si, and attempted to commit an indecent act against the victim; and (b) accessed the victim’s rear behind that she is walking to commit an indecent act; and (c) led the victim’s her mar with his/her her mar, her mar, and forced the victim to commit an indecent act.

Summary of Evidence

1. Partial statement of the defendant;

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

1. E statements;

1. All on-site photographs;

1. 112 A list of reported cases;

1. Application of the Act and subordinate statutes to a report on investigation (on-site search documents) and a report on investigation (C sexual crime number cases);

1. Relevant legal provisions concerning facts constituting an offense, Articles 299 and 298 of the Criminal Act concerning the choice of punishment, Article 298 of the Criminal Act, Article 298 of the Criminal Act and the choice of imprisonment, respectively;

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. In light of various circumstances, such as the background leading up to the crime committed by the Defendant under the evidence duly adopted and investigated by the court, the means and method of the crime, and the Defendant’s act before and after the crime, determination on the Defendant’s mental and physical disorder under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order, it cannot be deemed that the Defendant had no or weak ability to discern things at the time of the crime.

Reasons for sentencing

1. One month to fifteen years from the date of imprisonment with prison labor within the applicable sentencing range by law; and

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

A. The crime of forced indecent act and forced indecent act.

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