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(영문) 서울북부지방법원 2014.09.24 2014고단1057

준강제추행

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 April 4, 2014, at around 04:0, the Defendant committed an indecent act against the victim, such as the victim E (influence, 42 years of age) in the 3rd floor room located in Seongbuk-gu Seoul Metropolitan Government, using the state of her unable to resist due to diving, thereby raising the victim’s jackets in the side of the victim, and leaving the victim’s right chest by entering the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes on witness E’s legal statement;

1. Article 299 of the Criminal Act and Articles 299 and 298 of the Criminal Act, the choice of imprisonment for a crime;

1. The sentencing of sentence under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order is not good, and the same type of criminal record exists, denies and does not reflect the crime, and the defendant does not agree with the victim, and the defendant's age, character and conduct, family relation, motive, means and result of the crime, and the circumstances after the crime shall be determined as ordered in full view.

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 of disadvantage and anticipated side effects to be affected by the Defendant, the preventive effect and effect of a sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure order and notification order shall not be issued to the Defendant, given that there are special circumstances under which the disclosure of personal information may not be disclosed or notified pursuant to 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.