logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2016.03.24 2015고합381
강제추행
Text

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

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

Reasons

Punishment of the crime

On April 23, 2014, the Defendant was sentenced to imprisonment with labor for a violation of the Toxic Chemicals Control Act (snesting hallucinogenic substances) at the Chuncheon District Court on April 23, 2014, and completed the execution of the sentence at the Chuncheon Prison on February 7, 2015.

On June 17, 2015, at around 13:05, the Defendant discovered the victim E (for example, 33 years of age) at the waiting room of the D3 floor located in Yeongdeungpo-gu Seoul Metropolitan Government, and attempted to force the Defendant to commit an indecent act against the victim by making the victim’s sexual organ one time with the intention to commit an indecent act.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, personal identification and acceptance status Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act, the choice of punishment for the crime, Article 298 of the Criminal Act, and the choice of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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. Reasons for sentencing under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the main sentence of Article 49(1) and the main sentence of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Scope of punishment by law: Imprisonment with prison labor for not less than one month but not more than 20 years;

2. Application of the sentencing criteria [types] Imprisonment with prison labor for not less than 6 months but not more than 2 years in the basic field of the first type (decision on the sphere of recommendation] (decision on the sphere of recommendation] of the crime of indecent act by force (subject to not less than 13 years of age) in the general standards for sex offenses;

3. Determination of sentence: Imprisonment with prison labor for eight months and a repeated crime of this case is committed and the method of committing the crime is bad;

The defendant has been punished for a fine for the same crime, and no agreement has been reached with the victim.

The above circumstances, the Defendant’s age, sex, environment, motive and background of the crime, and the circumstances after the crime are considered, and the punishment is determined as per the disposition.

Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes shall apply where a conviction becomes final and conclusive against the instant crime, which is a sex offense subject to the registration of personal information.

arrow