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(영문) 전주지방법원 남원지원 2019.10.15 2019고단203
강제추행
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On September 5, 2019, at around 07:50 on September 5, 2019, the Defendant reported that the victim D (Woo, 19 years of age, and Ga) was able to board a bus in front of C Smoking B, the Defendant her own hand flicked the victim's right chest.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. Application of CCTV images to a photograph, victim- submitted photographs, and CCTV-related Acts and subordinate statutes;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

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

1. Articles 47 (1) and 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the main sentence of Article 49 (1) and the main sentence of Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities, 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 thus, the accused

Reasons for sentencing

1. The scope of punishment by law: Imprisonment with prison labor for not more than ten years;

2. The scope of recommended sentences according to the sentencing criteria (the determination of types of sex offenses);

(b) The basic area of the crime of indecent act by compulsion (the person under 13 years of age or older) and the general indecent act by compulsion (the first type) [the scope of the recommended field and the recommended range], six months to two years;

3. Determination of sentence: The defendant's age, character and conduct, the process of growth, environment, motive, means and result of the crime, and circumstances after the crime are considered as follows.

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