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(영문) 전주지방법원 2015.09.10 2015고합94
상습강제추행
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant shall complete the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

[Criminal Power] On January 13, 2015, the Defendant was sentenced to a suspended sentence of two years by imprisonment with prison labor for the crime of indecent act by force at the Jeonju District Court.

【Criminal Facts】

1. On April 25, 2015, around 01:13, the Defendant found and confirmed that the victim C (n, 26 years of age) returning home was in front of the security room at the entrance of the Jinjin-gu, Jinjin-gu, Jinjin-gu, Jindong-gu, Seoul, about 17:5-gil, and that the victim continued to drive away, and that the victim did not have any way in the vicinity of the victim, the Defendant: (a) pushed the victim’s body behind the victim; (b) opened the victim’s body in front of the victim in front of the victim; (c) opened the victim in front of the victim in front of the victim; and (d) committed an indecent act on the victim’s right shoulder with his hand by force.

2. On June 7, 2015, at around 22:17, the Defendant: (a) discovered the victim E (n, 20 years of age) who was married home at the library after attending the library; (b) found the victim E (n, 20 years of age) who continued to drive away from the library; and (c) found that the victim was not in the vicinity of the victim; (d) committed an indecent act by forcing the victim to take back the victim’s left chest with his/her hand on his/her own hand.

Accordingly, the defendant habitually committed an indecent act against the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. Reports on internal investigation (Attachment of CCTV at the site of the incident) and investigation reports (the analysis of CCTVs of a construction company of SDA);

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of attachment of previous records of the same type and a copy of the judgment, and period of suspension of execution);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of crimes, the number of crimes, the frequency of crimes, and the repeated crimes of the same kind in the judgment;

1. Relevant Articles of the Criminal Act and Articles 305-2 and 298 of the Criminal Act concerning criminal facts;

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

1. The punishment, etc. of sexual crimes committed against disclosure or notification orders;

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