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(영문) 서울북부지방법원 2017.08.24 2017고단2676
준강제추행
Text

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

The defendant shall order the completion of a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On April 22, 2017, at around 07:20 on 07:20, the Defendant entered the 5th floor of “K” in Seongbuk-gu Seoul Seongbuk-gu Seoul High Court, thereby making soup, approaching the victim L(the 28th age), locked, and making it possible for the Defendant to take part in the victim’s chests by hand.

Accordingly, the defendant committed an indecent act against the victim by using the victim's potential to resist due to sleep.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made against L/M;

1. Relevant Article of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the choice of punishment;

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

1. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, profits and preventive effects expected due to the instant disclosure order and notification order, disadvantages and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

In conclusion, the reasons for sentencing [the scope of recommended punishment] of general standards for sentencing [the scope of recommended punishment] is determined by comprehensively taking into account the following circumstances: (a) the sentence of "one type of indecent act" (the general compulsory indecent act") in the basic area (from June to two years) and other conditions of sentencing indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the commission of the crime.

- The nature of the crime and the Defendant’s bad faith, when it has been sentenced to imprisonment on April 7, 2017 due to sexual crimes, etc., so long as there is a high possibility of criticism against the crime of this case - the recognition of the crime, the registration of reflective personal information, and the conviction of a sex offense subject to registration is finalized, the Defendant is punished for sexual crimes.

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