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(영문) 서울북부지방법원 2014.10.01 2014고단1510

강제추행

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On February 12, 2014, around 22:30, the Defendant committed an indecent act against the victim by bringing the victim C (n, 22 years of age) returning home in front of the subway No. 7 line 994, which was located in the same Nowon-gu, Seoul Special Metropolitan City, in front of the exit area 8.

Summary of Evidence

1. C’s legal statement;

1. Application of the Acts and subordinate statutes governing subway photographs;

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, 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 is not less complicated, and there is no doubt that the victim committed an indecent act against himself/herself, but rather did not agree with the victim.

On the other hand, the defendant is the first offender, and all other circumstances such as the defendant's age, character and conduct, family relationship, motive, means and result of the crime, etc. shall be determined as the sentence as ordered by considering the circumstances after the crime.

Where a conviction becomes final and conclusive on a criminal fact in the judgment that is a sex offense subject to registration and submission of personal information, 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

In light of the Defendant’s age, occupation, risk of repeating a crime, content and motive of a crime, method and seriousness of a crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage due to the occurrence of a sexual crime subject to registration, the preventive effect and effect of a sexual crime subject to registration that may be achieved therefrom, and the effect of protection of victims, etc., the disclosure order and notification of personal information against the Defendant shall be issued 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.