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(영문) 전주지방법원 2017.12.22 2016고단2441
강제추행
Text

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

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

Reasons

Punishment of the crime

On August 4, 2016, around 06:35, the Defendant committed an indecent act by force against the victim by holding a new site for the victim D (Woo, 38 years old) on the part of the Defendant, who was in his own left hand, with the victim’s shoulder, rhythm, and tacking her khym.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. A report on investigation (Attachment of photographs);

1. Application of CCTV Acts and subordinate statutes to a third person;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

1. Reasons for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. The basic area (referring to six months to two years of imprisonment) of the first type of the crime of indecent act (subject to at least 13 years of age) committed on the basis of the general criteria for the sentencing guidelines;

2. A favorable circumstance in which the defendant has no record of criminal punishment for the same kind of crime;

There is a fact that the defendant does not take any particular measure to recover damage due to unfavorable circumstances.

The above circumstances and the defendant's whereabouts are unknown, and the defendant's age, sex, environment, motive, means and consequence of the crime, and the various sentencing conditions under Article 51 of the Criminal Act, which are shown in the records of this case, shall be determined as ordered by the sentence.

Where a conviction becomes final and conclusive with respect to a sex offense subject to registration of this case to be registered, the accused is a person subject to registration of personal information pursuant to 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 head of the competent police office pursuant to Article 43 of the same Act.

The age, occupation, risk of recidivism, details and motive of the crime, method and seriousness of the crime, and disclosure order or notification order of the defendant exempted from disclosure or notification order.

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