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(영문) 광주지방법원 2015.01.28 2015고단3
강제추행
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

[Criminal Power] On July 16, 2014, the Defendant was sentenced to a suspension of the execution of six months of imprisonment by force at the Gwangju District Court on July 24, 2014, and the judgment became final and conclusive on July 24, 2014.

【Criminal Facts】

On June 13, 2014, around 20:15, the Defendant: (a) reported the victim E (n, female, 17 years of age) in front of the D cafeteria located in Suwon-si, Suwon-si, to wait for her friendship; and (b) made the victim’s her her her her her her her her her her her her her her her her her her her b

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Previous records of judgment: Application of inquiry reports about criminal records, etc. and investigation reports (Attachment to judgment, etc.) Acts and subordinate statutes;

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

1. Imprisonment with prison labor chosen;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Where a conviction on a sex crime subject to registration of personal information is finalized in the judgment that constitutes a sex crime subject to registration of personal information under Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49(1)2 and (3), the main sentence of Article 50(1)2 and Article 50(4) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the accused 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 the accused is obligated to submit personal

Reasons for sentencing

1. The instant crime constitutes a crime subject to the sentencing guidelines or an ex post concurrent crime pursuant to the latter part of Article 37 of the Criminal Act and does not apply.

2. Specific reasons for sentencing - Circumstances: the defendant appears to have committed the instant crime in a contingency under the influence of alcohol, and the instant crime constitutes ex post concurrent crimes under the latter part of Article 37 of the Criminal Act. - Unfavorable circumstances: the victim’s age is lower and did not recover from damage; 15 years prior to the Defendant.

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