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(영문) 수원지방법원 성남지원 2019.08.13 2019고단798
강제추행
Text

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

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

Reasons

Punishment of the crime

Around 03:00 on August 15, 2018, the Defendant committed an indecent act by force against the victim by making the victim C, who was under the influence of alcohol (a person under the influence of 22 years of age), sent him/her to the above her home room D, kid him/herself, kiding the victim into the victim, kiding him/her, drinking his/her chest, and she did not want to do so while the victim does not want to do so.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes on witness C and E’s respective legal statements;

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Where a conviction on a sex offense subject to registration becomes final and conclusive in the judgment that constitutes a sex offense subject to registration and submission of personal information under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, 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.

In full view of the defendant's age, occupation, risk of recidivism, type of crime in this case, motive, process of crime, disclosure and notification order, the degree of disadvantage and expected side effects of the defendant's entrance, prevention of sex crimes subject to registration that can be achieved thereby, and the protection effect of the victim, etc., it is judged that there are special circumstances that need not disclose and notify personal information pursuant to Article 47 (1) and 49 (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, proviso of Article 49 (1) and proviso of Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

The age of the defendant exempted from the employment restriction order, family environment and social relationship, records of the crime, details and motive of the crime, methods of the crime, the risk of recidivism, the disadvantage of the defendant resulting from the employment restriction order and the results thereof.

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