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(영문) 춘천지방법원 원주지원 2014.12.17 2014고단1009

강제추행

Text

A defendant shall be punished by imprisonment for not more than ten months.

The defendant shall be ordered to complete 80 hours of sexual assault treatment programs.

Reasons

Punishment of the crime

At around 22:00 on November 04, 2014, the Defendant, within the D convenience point located in Won-si, 22:00, brought the victim’s left chest by asking the victim’s name to E (here, 19 years of age) who was an employee working at the calculation stand, and, as such, brought the victim’s chest to the chest, brought the victim’s loss to the chest on one occasion, and again brought the victim’s left chest to the chest.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the statutes governing crime photographs;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

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

1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where a conviction becomes final and conclusive on the facts constituting a sexual crime subject to registration of personal information under Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, 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

Reasons for sentencing

1. The scope of punishment by law: Imprisonment with prison labor for not more than ten years;

2. Application of the sentencing criteria;

(a) Determination of types: Sex crimes, crimes of indecent act by compulsion (subject to 13 or more years of age) and first type;

(b) General penal persons: Aggravation factors (limited to the punishment of the same kind which is not the repeated offense); and

(c) Scope of recommendations: Basic area, six months to two years;

3. Determination of sentence: The same sentence shall be imposed in addition to the degree of indecent act in this case committed by October, the motive and circumstance of the crime, and the fact that the defendant, together with another male around August 2006, was sentenced to two years of imprisonment for rape and causing bodily injury.