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(영문) 의정부지방법원 고양지원 2016.12.28 2016고단3446
강제추행
Text

A defendant shall be punished by imprisonment for four months.

The defendant shall be ordered to complete a sexual assault treatment program for 24 hours.

Reasons

Punishment of the crime

On September 16, 2016, the Defendant: (a) 22:12 on September 16, 2016, the Defendant: (b) opened a string in front of the C Apartment 210-dong, and opened a mobile phone phone call, and (c) she used both arms in front of the victim D (one name, two years of age, and 36 years of age).

As such, the Defendant forced the victim to commit an indecent act.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

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

1. Reasons for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order (Pronouncement of sentence): In addition, in cases where a conviction becomes final and conclusive with respect to the criminal facts entered in the judgment, which are subject to registration of personal information and obligation to submit personal information, by taking into account the defendant's age, occupation, character and conduct, family relation, motive, means and consequence of the crime, and all of the sentencing factors indicated in the record, such as the situation before and after the crime, etc., the defendant is liable to submit personal information pursuant to Article 43 of the same Act, and the defendant is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act, because it 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.

In light of the Defendant’s age, risk of repeating a crime, content 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 protection effect of the victim, it is determined that there is a reason that the personal information should not be disclosed or notified.

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