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(영문) 광주지방법원 해남지원 2018.05.31 2017고단507
강제추행
Text

A defendant shall be punished by imprisonment for six 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 is engaged in the business of building the horses again in the Gun of Jeonnamdo.

The Defendant, from June 15, 2017 to 20th of the same month, employed the victim D (n, 55 years of age) as a daily worker of 80,000 won per day.

On June 18, 2017, the Defendant: (a) around 20:0 on June 2017, and around 20:0, the Defendant: (b) led the said victim’s grandchildren to “one time” while leading the said victim’s grandchildren; and (c) the victim did not refuse to do so.

“At the time of refusal, the victim went out of the building, and again, the victim was spared by both arms, and sponsed the resistance, and sponsed the victim’s chest with a bad hand.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. The victim’s statement CD;

1. Statement made by the police with regard to F;

1. Application of statutes on site photographs;

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

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, and 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 (this system does not have any record of punishment for sexual crimes committed by the accused, and thus, there is a risk of recidivism or recidivism of sexual violence due to the lack of record of punishment for such crimes

It is difficult to conclude that in this case, only the registration of personal information and the completion of sexual assault treatment programs can prevent the defendant from repeating the crime to a certain extent.

In full view of the Defendant’s age, sexual conduct, background and process of the instant crime, benefits and preventive effects expected by the instant disclosure or notification order, and comparison of disadvantages and side effects resulting therefrom, there are special circumstances where disclosure of personal information should not be disclosed to the Defendant.

The registration of new commercial information and ..

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