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(영문) 수원지방법원 성남지원 2019.07.23 2019고단1240
준강제추행
Text

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

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

Reasons

Punishment of the crime

At around 01:05 on April 17, 2019, the Defendant discovered the victim D (tentative name, b. 23 years of age) set up at Crup Doesa-gu, Seongbuk-gu, Sungnam-gu, Sungnam-si, and discovered the victim D, followed up the victim's bridge to use the victim's bridge and sche, followed up the victim's bridge back to the victim, followed up the victim's bridge back to the victim's bridge, and got the victim's breast side by hand.

Accordingly, the defendant committed indecent acts against the victim by taking advantage of the victim's non-performance situation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of one Act and subordinate statutes to CCTV video data CDs;

1. Article 299 of the Criminal Act and Articles 299 and 298 of the Criminal Act, the choice of imprisonment for a crime;

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

1. Where a conviction on a sex crime subject to registration and submission of personal information under Article 56(1) main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities ( December 11, 2018), and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities becomes final and conclusive, 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

In full view of the defendant's age, occupation, risk of recidivism, type of crime in this case, motive, process of crime, anticipated side effects of the defendant's disadvantage due to the disclosure and notification order, prevention of sex crimes subject to registration that can be achieved therefrom, protection of victims, etc., it is judged that there are special circumstances that need not disclose and notify personal information pursuant to Article 47 (1) and 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, proviso of Article 49 (1) and proviso of Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

Sentencing.

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