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(영문) 광주지방법원 목포지원 2015.11.20 2015고단1025
준강제추행
Text

A defendant shall be punished by imprisonment for four months.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On June 7, 2015, around 05:00, the Defendant drinked “C” gate Nos. 203, and victim D(n, 19 years of age) to force indecent acts by force. On the back of the victim, the Defendant continued to put her hand into the victim’s panty, put his hand into the victim’s her panty, and put her hand into the victim’s her brode.

Accordingly, the defendant committed indecent acts by taking advantage of the victim's mental or physical state of difficulty.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to D, E, and F

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. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders and Notification Orders, proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (see, e.g., the Defendant is obligated to submit personal information to a competent authority pursuant to Article 43 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, on the Protection of Children and Juveniles against Sexual Abuse, in light of the Defendant’s age, occupation, risk of recidivism, criminal records, the contents and motive of the crime, the method and seriousness of the crime, the degree of disadvantage and side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the effect of sexual crimes subject to registration that may be achieved thereby, and the effect of protecting the victims thereof, if a conviction becomes final and conclusive on the instant criminal facts, the Defendant is subject to the registration of personal information of this case.

Reasons for sentencing

1. Determination of types of crimes: The first type of crime of indecent act by compulsion of sex crimes (subject to the age of 13 or more);

2. Determination of the scope of sentence: Basic area, six months of imprisonment or more to two years (no person specially punished):

3. The crime of this case, which was decided upon sentence, is committed.

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