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(영문) 서울중앙지방법원 2017.02.14 2016고단5844
강제추행
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On May 25, 2016, the Defendant: (a) around 16:35, 2016, around the clothes of “D” located in Dongjak-gu Seoul Metropolitan Government, followed the victim E (here, 17 years of age) who was in the front of the clothes of “D”, and (b) her her her tock seems to have her fl

Accordingly, the defendant committed an indecent act against the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the victim and the F;

1. Statement made by the police against the victim;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The grounds for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order [Scope of Recommendation] General Criteria for the Punishment of Indecent Acts by Forced (13 or more persons subject to punishment) [Determination of sentence] The basic area (6-2 years or more] of the crime of indecent acts by Forced Conduct (13 or more persons subject to punishment] the defendant denies the crime of this case and does not reflect it; the victim seems to have suffered considerable mental suffering due to the defendant's crime committed at his age; the victim appears to have been suffering once again from his/her appearance in this court; the victim's age, sex behavior, environment, etc. is deemed to have been suffering once again during his/her testimony; and the sentence identical to the order shall be determined in consideration of all the conditions for sentencing prescribed in Article 51

If a conviction on a crime in the judgment that is a sex offense subject to the registration of personal information becomes final and conclusive, 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

The punishment of sexual crimes shall be punished in light of the full consideration of the defendant's age, occupation, risk of recidivism, motive, progress and seriousness of the crime, the degree and anticipated side effects of the defendant's disadvantage due to the disclosure order or notification order, the preventive effects of sexual crimes subject to registration which may be achieved therefrom, the effect of protecting the victim, etc.

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