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(영문) 서울남부지방법원 2014.08.22 2014고합248
강제추행치상
Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete a sexual assault treatment program for 120 hours.

Reasons

Punishment of the crime

On May 31, 2014, the Defendant, around 16:00, followed by the Defendant, at a certain distance of 500 meters, by finding out the victim D (the age of 29) who was posted earlier on the street in front of the Osung apartment apartment in Geumcheon-gu Seoul, Geumcheon-gu, Seoul, in order to commit an indecent act against the victim.

On May 31, 2014, around 16:20 on May 31, 2014, the Defendant committed an indecent act by coercion against the victim by using the crums, knife, knife, knife of light knife in Geumcheon-gu Seoul Metropolitan Government Moro 36na-ro 7.

The Defendant continued to be able to use the victim's hand on the hacker hacks, where the victim was saved and saved, and where the crime was committed, the victim's hacks, so that the victim's hand was unfolded and exceeded the floor. As a result, the Defendant sustained the victim's hacks of the fifth hand hacks of the left hacker who is in need of approximately three weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. Application of diagnostic certificates, statutes governing standing photographs;

1. Relevant Articles of the Criminal Act and Articles 301 and 298 of the Criminal Act concerning the crime;

2. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

3. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

4. The issue of whether a disclosure order or notification order constitutes “any special circumstance that may not be disclosed or notified to the public” provided for in Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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 is due to the Defendant’s age, occupation, risk of recidivism, etc., the type, motive, process, consequence, seriousness, etc. of the relevant crime, and the characteristics of the crime, such as the disclosure order or notification order.

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