logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2014.10.24 2014고합352
강제추행치상
Text

A defendant shall be punished by imprisonment for not more than ten months.

To order the defendant to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On April 21, 2014, at around 00:45, the Defendant committed an indecent act against the victim E (the 22 years of age) who returned home late at night on the front side of Dongdaemun-gu Seoul Metropolitan Government on the ground that the Defendant: (a) had a mind to commit an indecent act against the victim; (b) had a mind to prevent the victim from suffering; (c) had the victim’s chest back at home; and (d) the victim resisted against the sound; and (b) had the victim resisted against the sound, the Defendant committed an indecent act against the victim by drinking.

Summary of Evidence

1. Defendant's legal statement;

1. The protocol of statement to E by the prosecution; 1. The investigation report (in addition to the victim's upper part of the body), the application of statutes;

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

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

1. The reason for sentencing is determined in full view of the following: Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and the notification order; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 49(1) proviso of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (i.e., confession and reflect on the instant crime; and (ii) it is difficult to readily conclude that the Defendant has a risk of recommitting a sexual crime because of the lack of the same criminal records; (iii) the effect of preventing recidivism is expected by the sentence of this case and the order to complete a sexual assault treatment program against the Defendant; (iv) the disadvantage and anticipated side effect of the Defendant compared to the effect expected to be disclosed

1. The scope of applicable sentences under law: Imprisonment for one month to ten years; and

2. Type 1: The range of recommended sentences according to the sentencing guidelines (the determination of types) shall be the general standards for sex crimes and the crime of indecent act by compulsion (the objects at the age of 13 or more).

arrow