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(영문) 제주지방법원 2018.11.19 2017고단3251
준강제추행
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The Defendant was aware of the family relation between C and C, a relative of the victim B (the South and the age of 15), and the victim from 30 years to her private relation, and was frequently entering the residence of the victim of Songpa-gu Seoul, Songpa-gu, Seoul, on September 17, 2016, at the above dwelling space between 01:00 to 04:00 on September 17, 2016, the Defendant committed an indecent act by a person who was unable to commit an indecent act by using a state of resistance, such as: (a) the said C and C were her own arms and forced her to enter the victim's room; and (b) continued to be 20 times or more on the part of the victim's body; and (c) the victim was kid by the same method; and (d) her was her handed with the victim's her hand.

Summary of Evidence

1. Statement by the defendant in court;

1. The legal statement of the witness C;

1. Each police statement protocol against B and C;

1. A written statement prepared in C;

1. Terms and conditions of the F;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article of the Criminal Act; Articles 299 and 298 of the Criminal Act; the choice of imprisonment for a crime;

1. Where a conviction of the accused is finalized on the facts constituting a sex crime 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. of Sexual Crimes, and the accused is obligated to submit personal information to a related agency pursuant to

Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 50 of the same Act, comprehensively takes into account the Defendant’s age, occupation, family environment, social relationship, criminal record and the risk of recidivism, the details of the crime, the process of the crime, seriousness of the crime, the effectiveness of preventing sexual crimes that may be achieved through an order to disclose information, the disadvantage of the Defendant, etc.

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