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(영문) 서울남부지방법원 2019.11.27 2019고단4568

성폭력범죄의처벌등에관한특례법위반

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Defendant shall be punished by a fine of KRW 500,000.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

On July 20, 2018, the Defendant received a fine of three million won for the crime of indecent act by compulsion at Seoul Southern District Court and 40 hours for a sexual assault treatment program at the Seoul Southern District Court on July 28, 2018, and the judgment became final and conclusive on July 28, 2018.

No person subject to an order to complete a sexual assault treatment program shall refuse to comply with an instruction issued by the head of a probation office concerning the implementation of an order to complete a program, and shall refuse to comply with the direction concerning the implementation of the program without

On August 13, 2018, the Defendant was ordered by the Seoul Southern-gu Seoul Metropolitan Government Probation Office to attend a course from September 3, 2018 to September 7, 2018 upon receipt of an order to attend a course from the Seoul Southern Probation Office, and was urged to attend a course on or around October 1, 2018, and was urged to attend a course on or around October 1, 2018, and was urged to attend a course again on or around November 5, 2018 to the 9th of the same month without good cause.

Summary of Evidence

1. Defendant's legal statement;

1. Relevant evidential materials, such as judgment No. 208 highest 1743 of the Seoul Southern District Act, judgment of execution of probation orders, copies of probation cards, and probation status;

1. Application of Acts and subordinate statutes to criminal investigation reports (not complying with second appearance of a suspect) and report on internal investigation ( telephone conversations of a person under internal investigation);

1. Article 50 (5) 1 and Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Assault Crimes against the relevant criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order (Article 334(1) of the Prosecutor’s Office ordered the Defendant to complete a sexual assault treatment program, but the crime of this case does not constitute “sexual assault crime” under Article 2(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Violence Crimes, and no order to complete a program is concurrently imposed.)