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(영문) 광주지방법원 목포지원 2018.07.13 2018고단342

강제추행

Text

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

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

Reasons

Punishment of the crime

1. The Defendant committed the crime against the victim C at around 00:40 on April 9, 2018: (a) committed an indecent act on the part of the victim C by finding out the victim C (tentative name) who walked with the stringer and the Defendant with the stringer frightway, and committing an indecent act by force on the part of the victim C with the victim’s own hand.

2. On April 16, 2018, the Defendant: (a) discovered the victim E (tentative name) who walked on the front side of “F building at 08:30 on a wooden city” on April 16, 2018; (b) followed the victim E to the stairs between the first floor and the second floor of the building in mind to commit an indecent act; and (c) accordingly, the Defendant committed an indecent act against the victim E by inserting both fingers of the victim E after the victim’s own E.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. Application of the Acts and subordinate statutes concerning the closure of each CCTV image;

1. Relevant provisions of the Criminal Act and Article 298 of the Criminal Act concerning the selection of punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Where a conviction of a criminal fact stated in the judgment on the punishment, etc. of a sexual crime committed in order to complete a program 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 competent agency pursuant to Article 43 of the same Act.

Article 47(1) and Article 49 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes comprehensively takes account of the Defendant’s age, occupation, risk of recidivism, motive, progress and seriousness of the crime, the degree and anticipated side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect of sexual crimes that may be achieved therefrom, and the effect of protecting the victims of sexual crimes, etc.