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(영문) 광주지방법원 2020.06.17 2019고단5046
강제추행
Text

The punishment of the accused shall be determined by six months of imprisonment.

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

Reasons

Punishment of the crime

On November 1, 2019, at around 11:57, the Defendant: (a) left the first floor of the C Hospital in Gwangju North-gu, Gwangju-gu, the patient D (one name, two years of age, 37 years of age) who opened the door of the clinic in front of the first floor of the C Hospital in Gwangju-gu, and (b) caused the victim to gather his hand with the victim’s bucks between the victim’s bucks; and (c) by compulsion the victim by force.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statements made to D;

1. Article 298 (1) of the Criminal Act applicable to the crimes and Article 298 of the Election of Imprisonment;

1. An order to disclose personal information under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order; the age, occupation, risk of recidivism; the motive, method, seriousness of the crime in this case; the seriousness of the crime; the disclosure order; the degree of disadvantage and anticipated side effects of the Defendant’s entry; and the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom; and in light of a comprehensive consideration of the aforementioned: Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); Articles 2 and 56(1) proviso to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 1622, Nov. 26, 2019).

Where a conviction becomes final and conclusive on the crime of this case to be registered and submitted, the defendant 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 therefore he/she is obligated to submit personal information to the competent agency pursuant to Article 43

Reasons for sentencing

1. Scope of punishment by law: Imprisonment with prison labor for a period from one month to ten years;

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