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(영문) 수원지방법원 평택지원 2017.11.02 2016고단2933

강제추행등

Text

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

The defendant shall order the completion of the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. The Defendant, on September 13, 2016, committed an indecent act by force, on the part of the victim, committed an indecent act by placing the victim D (the victim’s name, leisure, 39 years old) away food waste from the rear vegetable garden of the C factory located in Pyeongtaek-si B, and committing an indecent act by making the victim 2 to 3 times away her her son’s son by hand.

2. Around 12:21 on the same day as the preceding paragraph of the assault, the Defendant, at the same office of the above C assembly, expressed to the other members of the same office an indecent act by the Defendant, assaulted the victim by hand at one time.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with respect to D;

1. Complaint;

1. Application of CCTV-related Acts and subordinate statutes to photographs;

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

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. Where a conviction becomes final and conclusive on the facts constituting a sex crime subject to registration and submission of personal information, such as the fact that there was a history of being punished for a criminal offense of the same kind with the same reason in the sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the victim who committed an indecent act commits a second violence against the victim, and the fact that the victim is not guilty, 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 the defendant is obligated to submit personal information to the competent agency

In light of the Defendant’s age, occupation, risk of recidivism, content and motive of the crime, method and seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of the protection of the victim, etc., the punishment of sexual crimes shall be taken into comprehensive consideration.