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(영문) 전주지방법원 군산지원 2017.07.14 2017고단310
강제추행
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On October 13, 2016, around 02:37, the Defendant discovered the victim C (the age of 21) who was locked in the 3th floor of the building B in Gunsan-si, the third floor of the building B, and found out the victim C (the age of 21) and committed an indecent act by force by force by rhuming the part on the left side of the victim with his hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes governing CCTV photographs;

1. Article 298 of the Criminal Act and the choice of punishment for the crime;

1. Where a conviction becomes final and conclusive on the facts constituting a sex crime subject to registration and submission of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the Defendant becomes 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 is obligated to submit personal information to the competent agency pursuant to Article 43

In light of the Defendant’s age, occupation, risk of repeating a crime, details and motive of the crime, method 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 and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of the protection of the victim, etc., there are special circumstances under which the disclosure of personal information may not be notified pursuant to Articles 47(1) and 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse.

Since it is judged, it is not ordered to disclose or notify the defendant.

The reason for sentencing [Scope of Recommendation] The general standard is that there is no person who does not have the basic area (6 months to 2 years) (the person who is subject to special sentencing) (6 months to 2 years) (the decision of sentence] under the suspension of the execution of the sentence, the place of the crime, and the method.

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