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(영문) 광주지방법원 순천지원 2015.12.11 2015고단1821
강제추행
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On August 26, 2015, at around 11:40 on August 26, 2015, at a restaurant operated by the victim C (n, 56 years of age), the Defendant: (a) reported that the victim was working in the main room; (b) she saw the victim’s own desire; (c) she kiddds the victim with her hand, followed the victim; and (d) forced the victim to put the victim’s chest, thereby committing an indecent act.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Article 298 of the Criminal Act applicable to the crimes;

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

1. Where a conviction on a sex crime subject to registration becomes final and conclusive under Article 26(1) of the Act on Special Cases concerning Promotion, etc. of Legal Proceedings to Dismiss Application for Compensation, the accused 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 accused is obligated to submit personal information to the relevant agency pursuant to Article 4

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence and seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to such order, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure order or notification order shall not be issued to the Defendant, on the grounds that there are special circumstances under which the disclosure of personal information may not be disclosed or notified pursuant to the proviso of Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

The reason for sentencing [Scope of Recommendation] General Standard of Indecent Act by Indecent Acts (subject to the age of 13) is that there is no basic area (six months to two years) (special person) (decision of sentence), her husband and her husband are dead, and her husband is dead.

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