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(영문) 의정부지방법원 고양지원 2016.04.27 2016고단206
준강제추행
Text

A defendant shall be punished by imprisonment for four months.

The defendant shall be ordered to complete a sexual assault treatment program for 24 hours.

Reasons

Punishment of the crime

On December 24, 2015, the Defendant boarded in the bus at the bus stop in Gyeyang-gu C'D' in Gyeyang-gu, Youngyang-gu, Seoul, which was around 09:30 on December 24, 2015.

The Defendant: (a) reported the victim F (F), who is under the influence of alcohol, frightened the victim F (F, 32) with a view to forcing the victim to commit an indecent act; (b) covered the victim’s body by cutting off the gate, and then used the victim’s chest with the knife’s knife with the knife with the knife’s knife with the knife with the knife’s hand, and committed an indecent act on the victim by using

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Application of the Acts and subordinate statutes to photographs by capturing CCTVs;

1. Relevant Article of the Criminal Act; Articles 299 and 298 of the Criminal Act; the choice of imprisonment for a crime;

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

1. Reasons for sentencing under Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Abuse, Article 49(1) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the scope of the punishment recommended in the sentencing guidelines] the mitigation area (one month to one year), and (one year] the mitigation area (a decision of sentence] : The instant crime was committed against the victim locked in the bus, and its nature is not good.

Although the defendant committed an indecent act in 2002, the prosecution was revoked by agreement with the victim, and even in 2012, he committed a forced indecent act, there was a record of dismissal judgment by agreement with the victim.

All of these crimes are crimes committed against the victims who have been divingd in bus, and the method and methods of the instant crimes are the same.

In addition, the defendant has three previous years of probation, three previous years of punishment, one previous year of punishment, and nine previous years of fine.

The favorable circumstances shows the attitude of the defendant against the victim and agreed with the victim.

In the above circumstances, the defendants' age, sex, family relationship, family environment, motive and means of crime, and the circumstances after crime, etc. are included in the sentencing conditions shown in the trial process of this case.

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