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(영문) 수원지방법원 안양지원 2017.08.11 2017고단63

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 December 19, 2016, the Defendant: (a) was measuring the blood pressure with the aid of the victim E (the name, her, her age 44) in the “D Council member” located in the Manan-gu Manan-gu, Mayang-si, Mayang-si; (b) on December 19, 2016, the Defendant committed an indecent act by force against the victim by using the victim’s left chest on a single-time basis with his/her own fault.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness E and F;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Application of CCTV Acts and subordinate statutes;

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

1. The sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order [the scope of sentence according to the sentencing guidelines] - The basic area (6 months to 2 years of imprisonment) concerning compulsory indecent act (the person subject to 13 or more years of age) under the general standard - The term of imprisonment 6 months - No person subject to special sentencing (the decision of sentence): The term of imprisonment 6 months - the term of unfavorable circumstances: the term of crime was unfavorable in light of the circumstances and contents of the crime, the circumstances before and after the defective crime, etc.; the term of slandering the victim and witness; the term of a favorable normal situation: There is no history of sex crime or criminal record; - Other normal circumstances: The defendant has a duty to submit personal information to a related agency pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; where the conviction of the defendant against the crime subject to registration and submission of personal information, such as the defendant's age, sex, occupation, family relationship, etc.

The defendant's age, occupation, risk of repeating a crime, details and motive of a crime, method and seriousness of a crime, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order, the preventive effect of a sexual crime subject to registration which can be achieved, and the protection of the victim.