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(영문) 수원지방법원 성남지원 2017.11.28 2016고단2757

강제추행

Text

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

The defendant shall order the completion of a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On June 28, 2016, around 22:30 on June 28, 2016, the Defendant discovered that the victim C (Woo, 26 years of age) was a telephone call and committed an indecent act by force against the victim by means of the victim’s knift with the victim’s own hand.

Summary of Evidence

1. Protocols of examination of witnesses to this court C;

1. Written statements of D;

1. Application of Acts and subordinate statutes to the contents of the report in 112;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Where a conviction on the crime of indecent act committed in the judgment that is subject to registration and submission of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order becomes final and conclusive, 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 the defendant is obligated to submit personal information to the head of a related agency pursuant

In full view of the Defendant’s age, occupation, risk of recidivism, type, motive, process of the instant crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order, the prevention of the sex offense subject to registration that may be achieved therefrom, and the protection effect of the victim, there are special circumstances in which the disclosure of personal information may not be disclosed.

As such, an order to disclose or notify the defendant pursuant to 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 shall not be issued.