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(영문) 의정부지방법원 2017.08.09 2017고단2808
강제추행
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On June 14, 2017, the Defendant discovered that there was a mixed victim E (V, 20 years of age) in front of the D cafeteria, and that there was only one time the victim’s son son son son son son son son son son son son son son.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes governing CCTV images;

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

1. Where a conviction becomes final and conclusive with respect to the facts constituting the crime indicated in the judgment on the registration of personal information under 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. of Sexual Crimes, and is obligated to submit personal

Although the Defendant’s previous convictions for the exemption from disclosure and notification order has been two times the same type of criminal records, there are special circumstances that may not disclose personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, in light of the following: (a) the Defendant’s age, occupation, risk of recidivism, the content and motive of the crime, the method and seriousness of the crime, the degree of disadvantage and anticipated side effects of the Defendant’s suffering due to the disclosure or notification order; (b) the preventive effect of the sexual crime subject to registration that may be achieved therefrom; and (c) the effect of protecting the victims, etc.

Since it is judged, it is not ordered to disclose or notify the defendant.

The reason for sentencing [Scope of Recommendation] General Standard is the mitigated area (one month to one year) of the crime of forced indecent act (subject to 13 years or more).

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