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(영문) 춘천지방법원 2017.01.10 2016고합97
강제추행등
Text

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

The defendant shall be ordered to take lectures to treat sexual assault for 80 hours.

In this case.

Reasons

Punishment of the crime

On January 21, 2016, the Defendant: (a) parked in the front of the D elementary school in Yangyang-gu, Yangwon-gun C around 21:00, and (b) laid down the buckbbbbbs by using the clothes of the victim E (V, 20 years old) who was sitting in the front of the D elementary school in the K5 boarding car of the Defendant.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Complaint;

1. stenographic records of the victim's statement or video CDs recorded by the victim;

1. Application of Acts and subordinate statutes to expert opinions on sexual assault against disabled women;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

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

1. Article 47(1) and Article 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and notification order, Article 49(1) proviso of the Act on the Protection of Children’s Sex Offenses, Article 49(1) proviso, and Article 50(1) proviso of the Act on the Protection of Children’s Sex Offenses (the crime of this case is not committed against many unspecified victims, and the Defendant has no record of being punished for sexual assault before the crime of this case. In this case, it appears that the Defendant could have an effect to prevent recidivism of the Defendant to a certain extent through the registration of personal information against the Defendant and taking lectures to treat sexual assault. In addition, in light of all the circumstances such as the Defendant’s age, sex, family environment, social relationship, etc., it appears that the disclosure order is relatively less likely that the effect of sexual assault crime prevention, etc., which can be achieved by such order, may be achieved by such order, compared

Therefore, there is a special reason that the defendant should not disclose or notify personal information.

I think)

Reasons for sentencing

1. Scope of punishment by law: Imprisonment with prison labor for not more than ten years;

2. Application of the sentencing criteria (a type of sex offense).

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