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(영문) 광주지방법원 순천지원 2015.10.02 2015고단428
강제추행
Text

A defendant shall be punished by imprisonment for not less than two months.

The defendant shall be ordered to complete 40 hours of sexual assault treatment programs.

Reasons

Punishment of the crime

The Defendant, around 02:00 on August 2013, 2013, 02: (a) on the victim D (the age of 43) who was being placed in the side of the instant correctional institution, which was held in C in a net 790-ro, 00 a.m. from the date 02:0, 00 p.m., the Defendant got off three times in total from around that time to September 2013, 200 the victim’s her son was her her panty, and her her son was her her spanty by inserting his her her her her her son, and

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E's respective legal statements;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 298 of the Criminal Act applicable to the crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Where a conviction on a sex crime subject to registration becomes final and conclusive in the judgment on the punishment, etc. of a sexual crime subject to registration under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to order, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment,

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence and seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to such order, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure order or notification order shall not be issued to the Defendant, on the grounds that there are special circumstances under which the disclosure of personal information may not be disclosed or notified pursuant to the proviso of Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

The reason for sentencing [the range of recommendations] general standards for the crime of indecent act by force (subject to the age of 13 or more) shall be the mitigated area (one month or one year).

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