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(영문) 수원지방법원 2016.07.14 2015고단5881

강제추행등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On June 16, 2015, at around 01:30, the Defendant: (a) assaulted the victim on the part of “D main points” operated by the victim C (the age of 41) who was in Osan City B; (b) under the influence of alcohol, and (c) caused the victim by assaulting the victim on the ground that the victim was said to go back to his/her match; (d) he/she saw the victim as his/her hand on the part of his/her hand; and (e) once he/she met the victim’s left blick with his/her hand; and (e) caused the victim’s injury, such as salt mons, etc. on the part of the inner part and both sides, where the victim needs medical treatment for approximately 21 days.

2. 강제 추행 피고인은 위와 같은 일시 및 장소에서, 위와 같이 술에 취하여 피해자를 폭행하면서, 갑자기 피해자의 왼쪽 가슴을 손으로 움켜쥔 후, 다시 오른쪽 가슴을 손으로 움켜쥐는 등 피해자를 추행하였다.

Summary of Evidence

1. Statement made by the police with regard to C;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), 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. Where a conviction of an indecent act committed in the judgment that constitutes a sex offense subject to the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, becomes final and conclusive, the accused is a person subject to registration of personal information pursuant to 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 relevant agency as prescribed in

The exemption of disclosure order and notification order shall take into comprehensive account the defendant's age, occupation, risk of recidivism, motive, progress 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 of the sexual crime subject to registration that can be achieved therefrom, the effect of protecting the victim, etc.