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(영문) 대구지방법원 김천지원 2017.03.08 2017고단178
준강제추행
Text

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

The defendant shall order the completion of a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On December 24, 2016, at around 17:30, the Defendant found the victim E (21 years old and knee) who was diving in the D male water surface room located in Guro-si, Sinsi, and committed an indecent act against the victim by using the victim’s knee and kneeing against the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of E;

1. Relevant Articles 299 and 298 of the Criminal Act concerning the facts constituting an offense, and the choice of imprisonment;

1. The reasons for sentencing under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order were as follows: (a) the Defendant was sentenced to a suspended sentence of one year for an indecent act committed on September 11, 2009 and two years for a suspended sentence of one year for compulsory indecent act committed on September 15, 2015; and (b) the facts constituting the crime are as follows: (c) the Defendant committed the instant crime against the victim who was in the waters room during the said suspended sentence; and (d) the Defendant also committed the instant crime against the victim who was in the waters room during the said suspended sentence.

In determining a specific sentence, the sentence shall be determined as ordered by taking into account all the circumstances, such as the fact that the defendant commits a mistake, other tangible power and criminal conduct exercised by the defendant, the degree of criminal conduct, the age of the defendant and circumstances after the crime, etc., and the conditions of the sentencing specified in the previous theory.

Where a conviction becomes final and conclusive on a criminal fact in the judgment that is a sex offense subject to registration and obligation to submit personal information, the defendant 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, and is obligated to submit personal information to the competent agency pursuant to Article 43 of

The age, occupation, risk of recidivism, details and motive of the crime, method and seriousness of the crime, and the degree of disadvantage to the defendant due to the disclosure order or notification order of personal information.

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