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(영문) 서울중앙지방법원 2018.12.21 2017고단9052
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

around 01:00 to 02:30 on June 12, 2017, the Defendant stated that “A victim’s OO (at the age of 24) located in the building C in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, would be able to see it at the time of leaving the entrance door, and the victim sits into the entrance door, and the victim is able to see it, and the victim is able to see it;

Nara, “A” was put on the part of the victim’s arms, put the victim’s grandchildren on one hand, put the victim’s grandchildren on another hand, put the victim’s finger on the part of the victim, put the chest into the victim’s hand, keep the victim’s knife and cut the knife, cut the victim’s knife and cut the knife, and forced the victim to commit an indecent act by inserting the knife on the part of the victim’s panty.

Summary of Evidence

1. Each legal statement of witness D, E, F, G, and H;

1. Statement of reference witnesses by the prosecution concerning D;

1. Some statements made against the defendant during the police interrogation protocol;

1. Application of the laws and regulations governing I’s message output (E, F, and G dialogue);

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

1. Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to order to complete a program does not seem to reflect the Defendant’s attitude of sentencing.

The extent of the indecent act in this case is not easy, but the victim suffered a considerable mental suffering.

There was no agreement with the victim.

However, the defendant has no particular criminal history, and the defendant's age, sex, environment, motive and result of the crime, and all of the sentencing conditions shown in the arguments of this case, such as the circumstances after the crime, shall be determined in the same manner as the order.

When a conviction on a crime in the judgment that is a sex offense subject to registration and submission of personal information becomes final and conclusive, the defendant 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 is obligated to submit personal information to the competent agency pursuant to Article 43

An order of disclosure or notification;

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