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(영문) 의정부지방법원 고양지원 2014.12.05 2014고단2422

강제추행

Text

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

The defendant shall order 80 hours to complete the sexual assault treatment program.

Reasons

Punishment of the crime

On November 8, 2013, the Defendant was sentenced to one year and six months of imprisonment for a crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse, or three years of suspended execution, and is currently under the suspension of the execution of the sentence, which became final and conclusive on February 15, 2014.

On October 21, 2014, around 19:00, the Defendant committed an indecent act by force against the victim by taking out approximately 30 meters from the Defendant’s sexual organ and waiting for the signal, following the short half and 30 meters from the victim E (Inn, 43 years of age) who was salvating in Goyangyang-gu, Goyang-gu, Goyang-gu. Around 19:00.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E and F;

1. Application of Acts and subordinate statutes to report on investigation (Attachment to photographs of victims at the time of committing the crime);

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Where the conviction of the accused against the crime subject to registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order is finalized, the accused 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 the accused is obligated to submit personal information to the competent agency

In full view of the defendant's age, occupation, risk of recidivism, type, motive, process, seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the defendant's suffering, the preventive effect of the sexual crime subject to registration that can be achieved therefrom, the effect of protecting the victim, etc., the personal information shall not be disclosed and notified in accordance with the proviso of Article 49 (1) and the proviso of Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.