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(영문) 서울남부지방법원 2019.07.17 2018고단2799 (1)

준강제추행

Text

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

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

Reasons

Punishment of the crime

At around 06:50 on April 30, 2018, the Defendant discovered the victim D (n, 23 years of age) in the 'C' room located in Ansan-si, Sinsan-si, Sinsan-si, and found the locker and was able to resist due to the victim's failure to resist, and a person divingd by the victim's head in the side of the victim. Although the victim was satched by his hand, the victim did not shoulder his body, was pushed with the victim's body, was tightly sealed by the victim, and the victim's am, am, and ambiened by the victim.

Accordingly, the Defendant committed indecent act against the victim who is in a state of mental or physical disability or impossibility.

Summary of Evidence

1. Statement of the accused in the fifth trial records;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on CCTV filmings;

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 reason for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order does not have any record of being punished for the same crime, and there is no record of being sentenced to a punishment exceeding the suspended sentence, but the fact that the defendant committed the crime of this case without being aware of during the suspended sentence, the method and degree of the indecent act, the damage is not recovered, the defendant's failure to attend the trial even though he was well aware of being notified of the date of sentencing directly by this court, and the punishment as ordered is determined by taking into account all of the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character and behavior, character and environment.

Where a conviction of a criminal fact in the judgment that is subject to registration and submission of personal information is finalized, the defendant is a person subject to registration of personal information in accordance with 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 Article 43 (1)

The defendant's age, occupation, and exemption from the disclosure and notification order and the employment restriction order.