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(영문) 서울동부지방법원 2018.07.13 2018고단901
강제추행
Text

A defendant shall be punished by imprisonment for six months.

To order the defendant to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The defendant is between the victim D (Woo, 25 years old) and the victim's leader and the accompanist.

On January 10, 2018, at around 22:30, the Defendant committed an indecent act against the victim by force, such as inducing him/her into the Fsing room located in Jung-gu Seoul Metropolitan Government E, and writing and rhing the left buckbucks where he/she reported his/her riding by inserting his/her hand into the fsing room, taking charge of his/her left chest with his/her hand, and bringing him/her into the fsing box.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with regard to D;

1. Application of the contents of G dialogue and the Acts and subordinate statutes;

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

1. Article 47(1) and Article 49(1) proviso of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, Etc., Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, and Article 49(1) proviso of the Act on the Protection of Children and Juveniles from Sexual Abuse (the Defendant’s age, occupation, risk of recidivism, motive for and method of committing the instant crime, consequence and severity of the instant crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s injury caused by such order, the preventive effect and effect of the instant sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc. shall not be disclosed).

Where a conviction becomes final and conclusive on the facts constituting the crime on which the personal information is registered, the defendant is a person subject to registration of personal information pursuant to 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

Reasons for sentencing

1. Application of the sentencing criteria [Scope of Recommendation] General Criteria (subject to 13 years or more) is the basic area (6 months or more to 2 years).

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