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(영문) 대전지방법원 천안지원 2016.11.18 2016고단2004
강제추행등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

. Selection

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Where a conviction of a crime committed by indecent act by indecent act, which is subject to the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, is finalized, the person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is obligated to submit personal information to

In full view of the Defendant’s age, occupation, risk of repeating a crime, content and motive of a crime, method and seriousness of a crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the prevention and effect of a sexual crime subject to registration which may be achieved therefrom, the effect of protecting the victims, etc., the disclosure order and notification order shall not be issued against the Defendant, given that there are special circumstances under which personal information shall not be disclosed or notified pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

The reason for sentencing [Scope of Recommendation] The basic area (6 to 2 years) of the crime of indecent act by compulsion (13 years of age or older) (6 to 2 years) is not set in the sentencing guidelines. The public performance and obscenity crime is not set in the sentencing guidelines (decision of sentence). The defendant commits an indecent act or obscenity in a marina, as well as the defendant commits an indecent act or obscenity act in a marina, and takes place in accordance with the following behind the victim who left a marina, repeats the crime during the period of repeated crime due to the ebbbrative act, the fact that there is no history of force, the degree of indecent act, etc., the punishment shall be determined as ordered in consideration of various conditions of sentencing specified in the instant trial procedure.

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