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(영문) 수원지방법원 성남지원 2019.05.10 2018고단2324
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 October 31, 200, the Defendant was sentenced to 15 years of imprisonment on October 31, 200 for the crime of death or injury resulting from the present building and fire, etc., and the parole period expired on October 28, 2013 during the execution of the sentence in a female prison.

【Criminal Facts】

On April 1, 2018, the Defendant: (a) around 11:00, the Defendant: (b) reported that the victim D (inn, 32 years of age) who drinks alcoholic beverages on the side table table, while drinking alcoholic beverages in the C cafeteria, was under the influence of alcohol and followed it, and (c) committed an indecent act by force against the victim.

Summary of Evidence

1. The defendant's legal statement (the statement on the fourth trial date);

1. Statement made to D by the police;

1. Video CDs;

1. Previous convictions in judgment: Reporting (whether they are repeated crimes) and applying Acts and subordinate statutes concerning criminal records;

1. Article 298 of the Criminal Act applicable to the crime, Article 298 of the Criminal Act, the choice of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. Where a conviction on a sex crime subject to registration becomes final and conclusive in the judgment that constitutes a sex crime subject to registration and the registration of personal information under the main sentence of 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, etc.

In light of the Defendant’s age, occupation, risk of recidivism, type and motive of the instant crime, process of the instant crime, disclosure and notification order and employment restriction order, the degree of disadvantage and anticipated side effects of the Defendant’s entry, the prevention of sex crimes subject to registration, the effect of the protection of victims, and the possibility of preventing recidivism, etc., the disclosure and notification of personal information or the prohibition of employment restriction on children and juveniles should be based on comprehensive consideration. Thus, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 49(1) of the Act.

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