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(영문) 서울남부지방법원 2019.06.14 2018고단3574

준강제추행

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On October 2, 2017, at around 08:41, the Defendant was seated at No. 5th and 38th of the 5th seat of the Saemaeul train B in the Gunsan Station, with the intent to commit an indecent act against the victim C (at least 19 years of age) who was seated adjacent to the right side of 10:50 on the same day, and was seated at the right side of the 10:50 on the same day.

Accordingly, the defendant committed an indecent act against the victim by taking advantage of the victim's mental condition.

Summary of Evidence

1. Some statements concerning the suspect examination protocol of the defendant;

1. Statement of the police statement regarding C;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

1. Where a conviction on a sex offense subject to registration becomes final and conclusive in the judgment that constitutes a sex offense subject to registration and submission of personal information under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc.

In full view of the Defendant’s age, occupation, risk of recidivism, type and motive of the instant crime, process of the instant crime, disclosure order, and employment restriction order, the degree and expected side effects of the Defendant’s disadvantage and expected side effects, the prevention of the sex offense subject to registration, the effect of the victim protection, and the possibility of preventing recidivism, etc., the disclosure and notification of personal information or the issuance of the employment restriction order shall not be ordered to the Defendant on the ground that there are special circumstances where the Defendant may not disclose or notify personal information or order the employment restriction to the child and juvenile-related institutions, etc.