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(영문) 광주지방법원 2016.05.04 2016고단488
준강제추행
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The Defendant, around 03:00 on December 11, 2015, driven a 5-car of the victim OO (27 years old) on behalf of the victim OO (hereinafter referred to as the "OOO") on behalf of the victim in Gwangju Mine-gu, Gwangju, to commit an indecent act against the victim locked while driving a car for destination.

At around 03:30 to 03:55 on the same day, the Defendant committed an indecent act by force against the victim by taking advantage of the victim’s resistance impossible condition, such as setting the said car at the F church parking lot located in Gwangju Nam-gu, Gwangju, and making the panty of the victim who was under the influence of alcohol and leaving the house into the house.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement made by the police in each protocol against the victim;

1. Application of Acts and subordinate statutes to describe a gene appraisal statement;

1. Relevant Article of the Criminal Act; Articles 299 and 298 of the Criminal Act; the choice of imprisonment for a crime;

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

1. Where a conviction becomes final and conclusive with respect to a sex offense subject to registration and submission of personal information under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 50(1)2 of the main text of Article 50(1), 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 the Defendant is obligated to submit personal information to the head of the competent police office pursuant to Article 43 of the same Act.

The reason for sentencing [Scope of Recommendation] The general standard is that there is no person who does not have a basic area (6 months to 2 years), (6 months to 2 years) (the person who is subject to special sentencing] (the decision of sentencing) in the basic area of the crime of indecent act by force (subject to 13 years or more) (the person who is subject to special sentencing) (the fact that the decision of sentencing was made) in consideration of the background and degree of

There is a record of punishment for having sexual intercourse with a juvenile who is merely the age of July 12, 2004 and commits an indecent act.

The defendant is once committed by the police.

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