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(영문) 서울동부지방법원 2018.02.22 2017고단2953
강제추행
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On September 15, 2017, around 21:30 on September 21, 2017, the Defendant committed an indecent act by force against the victim D (the victim, the victim, who was in Gwangjin-gu Seoul Special Metropolitan City, and the victim D (the age of 26), who had been in order to put him/her to work in Seoul Special Metropolitan City, and the victim D (the victim, his/her name, her age of 26).

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

1. The punishment as ordered shall be determined by comprehensively taking account of the following circumstances and other conditions of sentencing specified in Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order and the records:

Where a conviction on the crime of this case against a defendant who has the same history as the defendant is against the defendant, and a conviction on the crime of this case is finalized, 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. Therefore, the defendant is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders and Notification Orders; proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children’s Sex Offenses (the Defendant’s age, family relationship; the background and process of the instant crime; the benefits and preventive effects expected from the instant disclosure orders and the instant notification orders; the disadvantages and side effects therefrom; etc.), there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

As such, a disclosure order or notification order shall not be issued to the defendant.

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