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(영문) 서울중앙지방법원 2017.05.26 2015고단8221

강제추행

Text

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

To order the defendant to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On September 25, 2015, at around 19:00, the Defendant committed an indecent act against the victim C (V, 50 years of age) by forcing her her her son to engage in his son’s her son’s son’s son’s son’s son’s son’s son’s son’s son’s son.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against the victim;

1. Each report on investigation;

1. Written statements;

1. Application of the Acts and subordinate statutes concerning CCTV closure photographs;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reason for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order [Scope of Recommendation] General Standard / [Determination of sentence] Article 16(2) in the basic area (6-2 years to be sentenced] of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to the Defendant (13 or more persons subject to punishment) / [Determination of sentence] Although the Defendant had already maintained a long-term life due to multiple types of crimes, the Defendant committed the instant crime; the victim appears to have suffered considerable pain; the victim did not receive a letter from the victim; the victim did not seem to have made any effort to recover the damage; the Defendant’s age, sexual behavior, environment, etc.; and all of the sentencing conditions stipulated in Article 51 of the Criminal Act are considered to be considered.

If a conviction on a crime in the judgment that is a sex offense subject to the registration of personal information becomes final and conclusive, the defendant is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article 43

The punishment of sexual crimes shall be punished in light of the full consideration of the defendant's age, occupation, risk of recidivism, motive, progress and seriousness of the crime, the degree and anticipated side effects of the defendant's disadvantage due to the disclosure order or notification order, the preventive effects of sexual crimes subject to registration which may be achieved therefrom, the effect of protecting the victim, etc.