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(영문) 서울북부지방법원 2017.11.30 2017고단4045
강제추행등
Text

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

The defendant shall order the completion of a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. On August 26, 2017, around 21:30, the Defendant forced indecent act committed an indecent act by force against the victim, on the front crosswalks located in Gangnam-gu Seoul, Gangnam-gu, Seoul, the victim E (at the age of 24 years), which was the victim E (at the age of 24 years). As can be used from the bucks section to the bucks section of the victim’s bucks section, the Defendant forced the victim to commit an indecent act by force.

2. The Defendant committed an indecent act by assaulting E at the same time and at the same place as set forth in paragraph 1, and committed assault against the victim G (25 years old) by breathing the breath of the victim G (25 years old) who was fright away from the Defendant on the street near the Seoul Southern-gu, Seoul, by committing an indecent act of assaulting E at the same time and at the same place as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, H and G;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article 298 of the Criminal Act, Article 260 (1) 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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, profits and preventive effects expected due to the instant disclosure order and notification order, disadvantages and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

The defendant and defense counsel asserted that the defendant had mental and physical loss or mental weakness under the influence of alcohol at the time of each of the crimes in this case.

In light of various circumstances, such as the circumstances of crimes, means, details of crimes, and the behavior of the defendant before and after the crimes, which are acknowledged by the above evidence.

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