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(영문) 수원지방법원 안양지원 2018.01.26 2017고단2158
강제추행
Text

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

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On November 19, 2017, the Defendant: (a) moved to the side of the victim E (n, 22 years old); (b) moved between the victim C (n, 21 years old, and D (n, 29 years old) and the victim D (n, 29 years old) with his own left hand; and (c) moved to the side of the victim E (n, 22 years old); and (d) moved to the victim E (n, 22 years old) and moved to the victim’s right side, and then laid down the victim’s own left hand under the direction of the victim E.

Accordingly, the defendant committed an indecent act by force against the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A E-document;

1. Investigation report (victim D phone investigation);

1. 112 Reporting case handling table;

1. Application of Acts and subordinate statutes to photographs (victim C);

1. Relevant provisions of the Criminal Act and Article 298 of the Criminal Act concerning the selection of punishment;

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 sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order - Unfavorable circumstances: The defendant was sentenced to a fine of two million won on August 22, 2014 due to a crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Conduct in Public Crow Places), and on November 24, 2016, the defendant was sentenced to a suspended sentence of six months for the same crime at the Seoul Northern District Court on December 2, 2016 and sentenced to a suspended sentence of two years for the same crime on December 2, 2016, although the above judgment became final and conclusive and conclusive on December 2, 2016, he/she committed the instant crime of the same kind in the current period of suspended sentence, but he/she committed more favorable circumstances: The defendant is seriously against the defendant's wrong, and other circumstances: The defendant's age, sexual conduct, occupation and other personal information and sexual crime subject to registration becomes final and conclusive under Article 42(1)4) of the Act.

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