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(영문) 수원지방법원 평택지원 2017.04.18 2017고단582
강제추행
Text

A defendant shall be punished by imprisonment with prison labor for four months.

The defendant shall be ordered to complete 40 hours of sexual assault treatment lectures.

Reasons

Punishment of the crime

On March 10, 2017, when the victim D (n, 22 years of age) located in Pyeongtaek-si C around 09:12, the Defendant received an employee from the EPC room the mind of forcing the victim to commit an indecent act on the part of his/her employee, and led the victim to the outside of the PC room, “It is different to confirm that he/she has any abnormal garbage bags installed in the corridor.” On the other hand, the Defendant committed an indecent act on the part of the victim by forcing the victim to commit an indecent act by force, by inducing the victim from the above PC room.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes by cutting CCTV images into the Republic of Korea;

1. Article 298 of the Criminal Act and the choice of punishment for the crime;

1. Under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order Order, the victim’s sexual self-determination right was infringed and his/her strong fear and sense of shame was committed by committing an indecent act against the victim on the ground of sentencing.

The extent of the indecent act committed by the injured party is strong, and the injured party was not able to receive a letter of suspicion.

Accordingly, the sentence of imprisonment shall be imposed on the defendant, and the sentence shall be determined in consideration of the circumstances, such as the fact that the defendant commits a crime and commits a criminal offense in the same kind.

Where a conviction becomes final and conclusive on a criminal fact in the judgment that is a sex offense subject to registration and submission of personal information, 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 is obligated to submit personal information to the competent agency pursuant to Article 43

The Defendant’s age, occupation, risk of repeating a crime, details and motive of the crime, method and seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration that may be achieved due to such order, and the effect of protecting the victims, etc. shall be considered comprehensively.

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