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(영문) 광주지방법원 목포지원 2018.02.08 2017고합129
강제추행
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On July 7, 2010, the Defendant was sentenced to imprisonment for a term of six years for causing rape in the support for the development of the methods of Suwon Fachisium, and the execution of the sentence was terminated on February 6, 2016.

On August 14, 2017, around 23:46, the Defendant found the victim E (nive, 19 years of age) on the way in front of the Southern-gu Incheon Metropolitan City on August 14, 2017, and found the victim E, and attempted to commit an indecent act against the victim, and the Defendant Dad the victim “at this time, where she is not this four persons, singing., where singing.,” and “ several suicide

“The victim is asked to answer the victim, and the victim called “A.,” the victim’s shouldered with her shoulder, and she sees the victim’s head from 2 to 3 times by her hand, and the victim’s head was rejected and she gets away from her seat to her seat, and she led the victim’s head her seat with her left hand, leading the victim’s hand to approximately 1m.

As above, the Defendant forced the victim to commit an indecent act.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Investigation report (to hear statements from victims E);

1. Previous convictions: Application of criminal history inquiry, investigation report (the past criminal records of the suspect and the period of repeated crime in the past), three copies of the judgment, and one copy of the personal confinement status under the Acts and subordinate statutes;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

1. Article 35 of the Criminal Act for aggravated repeated 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. The Defendant and his defense counsel’s assertion on the assertion of the Defendant and his defense counsel under Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes, and Articles 49(1)2 and 50(1)2 of the Act on the Protection of Juveniles from Sexual Abuse, and Article 50(1)2 of the Act on the Protection, etc. of Children and Juveniles from Sexual Abuse, arguing that the Defendant and his defense counsel were under the influence of

However, according to the above evidence, the defendant is guilty.

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