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(영문) 서울동부지방법원 2018.05.18 2018고단549

강제추행등

Text

A defendant shall be punished by imprisonment for not less than three months.

To order the defendant to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The defendant and the victim B are those confined in the Dong Dong-dong Seoul Dong-dong, Songpa-gu, Seoul.

1. Around December 22, 2017, the Defendant committed an assault by taking the victim’s right shoulder and jums to drinking in the above Seoul East East House C without any justifiable reason.

2. On December 24, 2017, the Defendant forced indecent conduct committed an indecent act by force against the victim, who was panty only on his/her own panty in the place described in paragraph (1) at around 21:00, when he/she was panty to commit an indecent act by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to B, D, and E;

1. Each statement of the F;

1. A working report;

1. Application of Acts and subordinate statutes to a report on investigation (victim photographs) and a report on investigation (record of medical obligations of prisoners);

1. Relevant Article 260(1) of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence), Article 298 of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 47(1) and the proviso to Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed in order to complete a program, Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, occupation, risk of recidivism, motive, method of committing the instant crime, consequence and crime, seriousness of the instant crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s disadvantage and expected side effects of the Defendant’s injury due to such order, the preventive effect and effect of sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc. shall not be disclosed)

Where a conviction becomes final and conclusive on a crime committed in the compulsory indecent act committed in the decision to register personal information, 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.