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(영문) 서울남부지방법원 2018.08.17 2018고단2112

강제추행

Text

A defendant shall be punished by imprisonment with prison labor for four months.

To the defendant, the defendant shall complete the sexual assault treatment program for a period of 40 hours.

Reasons

Punishment of the crime

The defendant committed the following crimes under a state that he/she lacks the ability to discern things or make decisions due to a mental disorder of class II of intellectual disability:

The defendant is a neighbor who resides in the victim T (n, 44 years old) and the Gangseo-gu Seoul Metropolitan Government D apartment, and is aware of it.

On November 11, 2017, at around 12:00, the Defendant brought the victim into double arms while drinking with the victim at the Defendant’s residence of Gangseo-gu Seoul Metropolitan Government D Apartment 907 Dong 907dong 907, and committed an indecent act by force against the victim by kiscing the victim with kisck on the buck of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the respective Acts and subordinate statutes of T or U;

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

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical weakness;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. The sentencing of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse on the Protection of Children and Juveniles against whom an employment restriction order is issued takes into account the methods and details of the instant crime, the circumstances where the victim is a disabled person, etc., and taking into account the status of the Defendant’s intellectual disability and the fact that the Defendant is against his/her will, etc., the sentence identical to the disposition shall be imposed by taking into account all the following factors: prior conviction, age, sex, environment, family relationship, circumstances after

When a conviction on a crime in the judgment that is a sex offense subject to registration and submission of personal information becomes final and conclusive, the defendant is 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 head of the relevant agency pursuant to Article 43

The age, occupation, risk of recidivism, type of crime of this case, motive, process of crime, the victim's age, relationship with the victim, and the degree of disadvantage suffered by the defendant due to each of the above orders.