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(영문) 청주지방법원 충주지원 2014.08.22 2014고단227
준강제추행
Text

A defendant shall be punished by imprisonment for six months.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

Attached Form

The same shall apply to the facts charged.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. C’s statement;

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

1. Relevant Articles of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the crimes;

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

1. Where a conviction becomes final and conclusive on the facts constituting a sex crime subject to registration and submission of personal information under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Articles 49 and 50 of the Act on the Protection of Children and Juveniles against Sexual Abuse, 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 is obligated to submit personal information to a competent agency pursuant to Article 43

In light of the following: (a) the scope of the recommended sentence according to the sentencing guidelines for the reason of sentencing [the scope of the recommended sentence] general standards for the crime of indecent act by force (the target of the age of 13 or older) and the mitigated area (one month or one year) and the mitigated area: (b) the sentence not to punish a person: (c) the defendant, in six months of imprisonment, committed the crime under this case even though he/she was under suspended execution due to a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc. of Minors under thirteen years of age) due to a crime similar to this case; (d) the defendant, in addition to the above criminal records, appears to have received two times the disposition that he/she has no authority to prosecute due to a similar crime committed by the prosecutor; and (e) the defendant, immediately after the crime,

However, the suspended sentence of the judgment shall be invalidated in the event that the defendant's crime is committed, the violation of the law, the agreement with the victim, etc. is considered as favorable to the defendant, and the decision becomes final and conclusive.

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