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(영문) 서울동부지방법원 2016.06.16 2015고단3938
강제추행
Text

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

To order the defendant to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On May 29, 2015, around 06:42 around 06:42, the Defendant reported the victim L (n, 36 years of age) coming from the Jung-gu Seoul metropolitan area, and committed an indecent act by force on the part of the victim, by making the victim's her her k's k's k's k's k' with his k's k's k's k'

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the police concerning L;

1. Application of L/L statute;

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

1. Reasons for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. The basic area (six months to two years) of the sentencing criteria [the scope of recommended punishment] general standards is the crime of indecent act by force (subject to at least 13 years of age) and the basic area (any person who is subject to special sentencing) of the category 1 (the general indecent act by force);

2. Where the decision-making damage was not recovered, and the defendant abused abusive language to the victim who is under paragraph (1) immediately after the crime, and the defendant was denied by an investigative agency that he was found to have committed the crime, and the defendant was convicted of having committed several times of imprisonment, suspension of execution of imprisonment with prison labor, fines, etc. due to obstruction of performance of official duties, robbery, etc., and any other factors of sentencing indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, etc., which are sex crimes subject to registration and submission of personal information, becomes 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 thus, the defendant is obligated to submit personal information to the competent administrative agency

The age, occupation, risk of recidivism, details and motive of the crime, method and seriousness of the crime, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order of personal information, the preventive effect of the sexual crime subject to registration which may be achieved due to such order, and the victim.

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