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(영문) 광주지방법원 목포지원 2017.02.03 2016고단1515
준강제추행
Text

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

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

Reasons

Punishment of the crime

On February 4, 2010, the Defendant was sentenced to six years of imprisonment with prison labor for a crime of violation of the Act on the Punishment of Sexual Crimes and Protection of Victims, etc. at the Jeonju District Court on April 24, 2010, and was discharged from prisons, etc. on October 13, 2016, which became final and conclusive on April 24, 2010.

On September 29, 2016, at around 03:10 on September 29, 2016, the Defendant committed an indecent act against the victim C (35) who was in the vicinity of the Defendant’s body and body by taking advantage of the physical and mental state of loss, such as a stroke-mm, in a wooden prison 3 Dong-B located in the center of the 78th day of Sinan-gun, an Eupn-gun, and the Defendant committed an indecent act against the victim by promptly putting the victim’s sexual organ into the victim’s clothes, and putting the victim’s sexual organ out of the victim’s will and clothes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to C, D, and E;

1. A certificate of confinement, report on investigation (report on confirmation of the same record as the suspect), and the application of statutes as a result of inquiry;

1. Relevant Article of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the choice of punishment;

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

1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes, and Articles 49(1) main text and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, where the conviction of the instant criminal facts is finalized, the Defendant who registered personal information constitutes 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 thus, is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

The reason for sentencing is that the defendant appears to have the light that recognizes and reflects the crime of this case.

On the other hand, the defendant committed the crime of this case again even though he was sentenced to imprisonment for the same kind of crime.

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