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(영문) 서울중앙지방법원 2017.04.21 2016고단8042
준강제추행
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On May 5, 2016, from around 05:16 to 06:27 on the same day, the Defendant d'D' rooms underground in Gangnam-gu Seoul building C, Gangnam-gu, Seoul, in the side of the victim E (the age of 18) who locked up in a soup room of "D's underground 'D' room of the building Gangnam-gu, Seoul, and she covered the set up on the body of the Defendant and the victim, covered the set up the hand in the victim's panty.

Accordingly, the defendant committed an indecent act against the victim by using the victim's resistanceable condition.

Summary of Evidence

1. Statement made by the police for E;

1. A E-document;

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

1. Relevant Article of the Criminal Act; Articles 299 and 298 of the Criminal Act; the choice of imprisonment for a crime;

1. The case of indecent act against a victim who was locked in the room of making sobry soup on the grounds of sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order. In light of the motive and background of the crime, the method of the crime, and the degree and degree of the conduct, etc., the crime was committed, and the crime in this case was committed, and thus, was not completely recovered from damage even though the victim did not feel a sense of sexual shame due to the crime in this case, the sentence was imposed, but there was no record of punishment for the same crime, and the conviction on the crime in this case, which is a sex crime subject to registration of personal information, is finalized after taking into account the defendant's age, sexual behavior, family relation, etc., the defendant is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

Article 47 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, when comprehensively considering the defendant's age, occupation, risk of recidivism, motive for committing a crime, progress and seriousness of a crime, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order, the preventive effects of sexual crimes subject to registration that may be achieved therefrom, the effect of protecting the victim, etc.

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