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(영문) 서울북부지방법원 2017.08.24 2016고단3957
강제추행
Text

A defendant shall be punished by imprisonment for six months.

The defendant shall order the completion of a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On April 10, 2016, the Defendant, at around 03:20 on April 10, 2016, committed an indecent act by force against the Defendant, on his own hand, who was behind the victim D (n, 24 years of age) in front of the C church located in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes on police statements made to D;

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 Order;

1. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, profits and preventive effects expected due to the instant disclosure order and notification order, disadvantages and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

In conclusion, the reasons for sentencing [the scope of recommended punishment] generally standard of sentencing [the scope of recommended punishment] include the following circumstances: (a) type 1 (the general indecent act committed in 13 years or more) basic area (6 months or 2 years) sentence; (b) sexual humiliation or mental impulses that were caused by the decision-making victim of the sentence; (c) the Defendant’s age, occupation, sex behavior, family relationship, and circumstances before and after the commission of the crime; and (d) other conditions of sentencing as stated in the records, such as the Defendant’s age, occupation, sex behavior, family relationship, and circumstances before and after the commission of the crime.

Where a conviction of a criminal fact in the judgment that is a sex offense subject to registration and submission of personal information becomes final and conclusive, the defendant is a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article 43 (1) of the same Act.

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