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(영문) 서울중앙지방법원 2014.12.23 2014고단8136
준강제추행
Text

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

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On October 9, 2014, around 09:25, the Defendant committed an indecent act by reporting the victims C (V, 20 years of age) who were under influence of alcohol in the front line of the internal cycle prior to the air-line cycle towards the protection area of the Seoul metropolitan entrance area, and using the state of failing to resist, around 09:25.

After the defendant sits on the left side of the victim, the victim was unable to properly hold the body under the influence of alcohol, and the victim was able to bring his hand to the right shoulder of the victim and expected to do so.

In addition, 10 minutes of the victim's face was indecently committed by his/her own care, such as cutting down the victim's right arms and shoulder, breaking up the victim's shoulder, and rhying his/her face into the victim's head, and rhying the victim's face and hair.

Accordingly, the Defendant committed indecent act by taking advantage of the victim’s non-performance situation.

Summary of Evidence

1. Statement of the police statement regarding C;

1. Investigation report (Investigation of the counter party of the shootings);

1. Application of the Acts and subordinate statutes on video CDs upon committing a crime;

1. Relevant Articles of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the facts constituting a crime.

1. According to Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order, the Defendant’s age, occupation, risk of repeating a crime, content and motive of a crime, method and seriousness of a crime, degree and anticipated side effects of disadvantage to be borne by the Defendant due to an order of disclosure or notification, the degree and expected side effects of the crime subject to registration which may be achieved due to such order, the effect of the protection of the victim, etc., shall be considered in light of a comprehensive consideration of the Defendant’s age, occupation, risk of repeating a crime, the method and consequence of the crime

The reason for sentencing [the range of recommendations] the basic area (6 to 2 years) of the first type (general indecent act by force) of the crime of indecent act by force (subject to the age of 13) on the general standard.

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