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(영문) 서울중앙지방법원 2014.05.09 2013고단6124
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 Power] On September 23, 2009, the Defendant was released on December 24, 2010 and the period of parole passed on January 16, 201, when he was released on the parole on a long-term of one year and six months after having been sentenced to imprisonment for robbery, indecent act by force, etc. at the Ansan District Court’s Ansan Branch.

【Criminal Facts】

On May 25, 2013, around 06:30 on May 25, 2013, the Defendant committed an indecent act by force against the victim D (the age of 26) who is being scrowd from the stairs of the first floor of the Gwanak-gu Seoul Special Metropolitan City C building, following the victim D (the age of 26).

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. CCTV images to be cut;

1. A investigative report (to report the results of the analysis ofCCTV video images and to attach the video CDs and caps to the closure screen);

1. Previous records: Application of Acts and subordinate statutes on criminal records, reply reports and personal identification records;

1. Relevant Article of the Criminal Act and Article 298 (Selection of Imprisonment)

1. Article 35 of the Criminal Act among repeated crimes;

1. Where a conviction becomes final and conclusive on the facts constituting a sex crime subject to registration and submission of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed before an order to complete a program (wholly amended by Act No. 11556, Dec. 18, 2012), the accused 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 accused is obligated to submit personal information to the competent agency

In light of the Defendant’s age, occupation, risk of repeating a crime, content and motive of the crime, method and seriousness of the crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects to be borne by the Defendant due to the occurrence of the crime subject to registration, the preventive effect and effect of the sexual crime subject to registration, and the effect of protecting the victims, etc., the disclosure order and notification order shall be issued to the Defendant, given that there are special circumstances under which personal information may not be disclosed or notified.

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