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(영문) 서울서부지방법원 2015.10.14 2015고단1423
강제추행
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

At around 19:00 on April 30, 2015, the Defendant: (a) 19:00, the Defendant saw the victim P (n, 45 years of age) who was placed at the main place of Opp located in Mapo-gu Seoul N, to sit next to and drink the alcohol; and (b) caused the victim to sit the victim to the table of the Defendant; (c) putting the victim’s left hand into the victim’s bucks with the victim’s two legs; (d) putting the victim’s hand into the bucks inside and around the buckbucks; and (e) kid the victim’s hand by taking the victim’s hand, bringing the victim’s hand into the Defendant’s sexual seat buckbuck; and (e) putting the victim’s hand into the Defendant’s sexual organ buck.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness P;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Application of the law to include some statements in the police interrogation protocol against the defendant

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

1. Where a conviction on a sex offense subject to registration becomes final and conclusive in the judgment, which constitutes a sex offense subject to registration, under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the defendant 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

In full view of the Defendant’s age, occupation, risk of repeating a crime, motive, method of a crime, seriousness of the crime in this case, the degree and expected side effects of the Defendant’s entrance due to an order to disclose or notify personal information, the preventive effect of a sexual crime subject to registration which may be achieved therefrom, the effect of protecting the victims, etc., the personal information shall not be disclosed or notified pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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