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(영문) 창원지방법원 통영지원 2017.06.13 2017고단553
준강제추행
Text

A defendant shall be punished by imprisonment for six months.

To order the defendant to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On February 18, 2016, the Defendant was sentenced to two years of suspension of execution on six months of imprisonment due to interference with the performance of official duties in the branch court of the Changwon District Court on February 18, 2016, and the judgment became final and conclusive on February 26, 2016 and is currently under suspension of execution

The defendant and the victim B (the remaining, the age of 35) are volunteer fees that have been installed at a construction site located in the area planned to be C in the original city of nuclear power.

On March 10, 2017, the Defendant exceeded panty and opened the panty tyty in the dwelling space for workers as defined in E, 202 at Won-si around 04:10 on March 10, 2017.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of statutes on field photographs;

1. Relevant Article of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the choice of punishment;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose and a notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (which has been punished as a crime of sexual assault, but has served as such for at least 20 years, and the effect of preventing the recidivism of the defendant may be expected only with the registration of personal information and the completion of treatment for sexual assault;

I seem to appear.

In addition, in full view of the defendant's age, family environment, social relationship, profits and preventive effects expected by the disclosure order or notification order of this case, disadvantages and side effects of the defendant's personal information of this case, there are special circumstances in which disclosure or notification of the defendant's personal information of this case may not be made.

The reason for sentencing

1. Scope of applicable sentences under law: From one month to ten years of imprisonment;

2. Crimes of indecent acts by force (subject to at least 13 years of age) of the scope of punishment recommended on the sentencing criteria [the scope of the recommended punishment].

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