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(영문) 서울남부지방법원 2017.04.28 2016고단4784
강제추행
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

around 01:50 on September 24, 2016, the Defendant discovered the Victim F (F) who was in dialogue with employees in a stringer in a singing room in Yeongdeungpo-gu Seoul Metropolitan Government D Building on the fourth floor, while the corridor at which the Defendant was about to run in a toilet was about, and led the Defendant to misunderstanding that his her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her part

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to G (tentative name);

1. Application of H’s written Acts and subordinate statutes;

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

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 scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] and the basic area (6 months to 2 years) of the type 1 (the general indecent act committed by force) is nonexistent;

2. The Defendant was sentenced to a suspended sentence of one year and six months on November 18, 2014 due to a violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.), which became final and conclusive on November 26, 2014, and was sentenced to a suspended sentence of three years on November 26, 2014, and committed the instant crime without being able to do so during the suspended sentence. The Defendant seems to have suffered a considerable sense of sexual humiliation due to the instant crime. Nevertheless, the Defendant needs to strictly punish the Defendant when considering the fact that he did not receive a letter from the victimized person.

However, considering the fact that the defendant has no criminal record for the same kind of crime, the defendant's age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime and all the sentencing conditions shown in the previous theory, such as the records of this case shall be determined as the text.

Where a conviction becomes final and conclusive on a criminal fact in the judgment that is a sex offense subject to registration and submission of 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 the head of the competent police office shall be the head of such person pursuant to

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