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(영문) 춘천지방법원 원주지원 2018.06.20 2017고단1272
강제추행
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to imprisonment for six months as a crime of violating the Road Traffic Act (unlicensed Driving) in the original state branch of the Chuncheon District Court on August 25, 2016, and was sentenced to two years of suspended execution on September 2, 2016, and the judgment became final and conclusive on September 2, 2016, and is currently under suspended execution.

[2] On October 16, 2017, at around 04:45, the Defendant: (a) entered the amusement room for the operation of the Victim C (M. 59) located in the Won-si, Won-si; (b) and (c) stated that “the Victim” was “the Victim” after entering the two rooms according to the Victim’s guidance; (c) the Victim’s chest was able to look at both descendants from the following side of the Victim’s own fault; and (d) the Victim’s son was forced to commit an indecent act by force.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against C;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to inquire about criminal history;

1. Article 298 of the Criminal Act concerning the facts constituting the crime;

1. Although there are circumstances favorable to the defendant, such as the fact that the defendant does not have the same criminal record for the reason of sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the defendant committed the crime of this case even though he was under the period of suspension of execution, in light of the method and result, etc., the crime of this case is committed in question, and the crime of this case is committed without agreement with the victim. In addition, considering the motive and circumstance of the crime of this case, the circumstances after the crime of this case, the defendant's age, occupation, family relation, health condition, etc., and all the circumstances such as the motive and circumstance after the crime of this case, the defendant's age, occupation, family relation, etc. are determined as ordered. In case a conviction becomes final and conclusive with respect to the crime of forced indecent act in the judgment that is subject to registration and submission of personal information, the defendant is subject to the duty to submit personal information to related agencies

The defendant's age, occupation, risk of recidivism, type of crime, motive, and exemption from the disclosure order or notification order.

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