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(영문) 의정부지방법원 2019.10.18 2019고단2449
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On May 15, 2019, at around 04:17, the Defendant committed an indecent act against the victim in a densely-populated place, such as making soup and making soup and making soup that the Defendant was taking advantage of the victim D (name, boom, 22 years old).

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to D;

1. A written statement of D (alias) and E;

1. Application of Acts and subordinate statutes to field photographs, investigation reports (CCTV image analysis, and whether additional crimes are committed);

1. Relevant Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with labor;

1. Article 16 (2) and the main sentence of paragraph (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. The rationale for sentencing under the 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 (Act No. 15904, Dec. 11, 2018) and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities is that the Defendant confessions the instant crime, and that the degree of indecent act is not severe is favorable.

However, there are many previous charges against the defendant, and it is inevitable to severely punish the crime of this case, which is not familiar with the crime of obstruction of performance of official duties due to obstruction of performance of official duties, and it cannot be deemed that the risk of recidivism is low. There is no measure to recover damage, and eventually no agreement has been reached with the victim. In addition, the punishment is determined as above in consideration of all the sentencing circumstances, such as the defendant's age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, and circumstances after the crime.

If a conviction on the crime of this case to be submitted becomes final and conclusive, the defendant becomes a person subject to registration of personal information in the main sentence of Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 43 of the same Act.

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