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(영문) 광주지방법원 순천지원 2015.11.20 2015고단1319
준강제추행
Text

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

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

Reasons

Punishment of the crime

At around 07:00 on April 4, 2015, the Defendant, while drinking alcohol together with D University E-building F and MT attending D University F and D University G (at 22 years of age) at D University F and MT, had a negative part of the victim, who was under the influence of alcohol, was under the influence of alcohol and was under the influence of alcohol and was under the influence of alcohol, and was under the influence of panty by inserting his hand to the panty.

Accordingly, the defendant committed indecent acts against the victim by taking advantage of the victim's non-performance situation.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of G and H;

1. Application of the photographic Acts and subordinate statutes;

1. Articles 299 and 298 of the Criminal Act applicable to the crimes;

1. Where a conviction on a sex crime subject to registration becomes final and conclusive in the judgment on the punishment, etc. of a sexual crime subject to registration under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to order, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment,

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 Act (subject to the age of 13) is that there is no basic area (6-2 years) (6-2 years) of the first type of indecent act by compulsion (subject to the age of 13). [Determination of sentence] Defendant is F and executive officers at the time of the instant case.

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