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(영문) 광주지방법원 2018.10.26 2018고합375

강제추행

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

Defendant

On July 26, 2018, around 00:30 on July 26, 2018, the person who requested an attachment order (hereinafter “Defendant”) committed an indecent act against the victim by reporting the victim P (tentative name, 29 years of age, and female) under the influence of alcohol and committing an indecent act against the victim by using the victim’s negative part as his/her hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each police statement protocol to P and Q

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

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. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose information or an order to notify information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the effect of recidivism can be expected to a certain extent only with the registration of personal information of the accused and the completion of a sexual assault treatment program against the accused;

If the disclosure order and notification order take into account the degree and expected side effects of the defendant's disadvantage, the prevention effect of sexual assault crime subject to registration, the protection effect from sexual assault crime subject to registration, etc., as a whole, there are special circumstances in which the defendant shall not disclose or notify personal information.

[Determination]

1. Determination on the assertion of the Defendant and his/her defense counsel under Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is subject to employment restrictions

1. Since the alleged defendant received a certain amount from an investigative agency, punishment should be mitigated or exempted.

2. the term "the number of persons to be judged" means the expression of intent to voluntarily report the criminal acts to the authorities responsible for the investigation and seek the disposition thereof, and statements the criminal facts in response to the official questions or investigations by the investigation authorities;