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(영문) 인천지방법원 2016.02.17 2015고단7284
강제추행
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

The defendant shall order the completion of a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The defendant is a person who provides patient transport services at a hospital located in Yeonsu-gu Incheon Metropolitan City D, and the victim E (V, 28 years old) was hospitalized in the same hospital.

On September 8, 2015, the Defendant: (a) taken the victim from the above hospital’s recovery room to the hospital’s recovery room (811); (b) sought from the victim’s sick room (10:16 on the same day; and (c) sought to put the victim into the patient’s clothes; (d) even when the victim was sealed by the Defendant’s arms, the victim took other her arms into the patient’s clothes, and she took them into the victim’s chest into the patient’s clothes, and she committed an indecent act by forcing the victim by forcing the victim by taking other her arms into the patient’s clothes, and by taking them into the victim’s chest into the patient’s clothes at around 16:46, and around five occasions, visiting the victim’s sick room at around 16:46, and taking the victim’s clothes into the victim’s chest.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the CCTV-related Acts and subordinate statutes to the sick Room No. 811;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Where a conviction of the accused is finalized on the facts constituting a sex crime subject to registration and submission 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 the accused is obligated to submit personal information to a related agency pursuant to Article 4

According to the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, considering the Defendant’s age, occupation, risk of recidivism, type of crime, motive, process of crime, seriousness of crime, preventive effect of sexual crime that can be achieved through an order to disclose information, disadvantage of the Defendant, etc., the Defendant’s order to disclose personal information is subject to the proviso of Article 49(1) and the proviso

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