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(영문) 광주지방법원 2018.01.12 2017고단4610
성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

In the past, the defendant was aware of the victim D (the age of 41) who was working as a veterinary hospital at the "C oriental medical hospital" as a veterinary clinic and managed the victim D as a single customer for about five months, and was in charge of marina work.

On June 19, 2017, at around 18:00, the Defendant: (a) entered the “F” Ma, located in Gwangju Northern-gu E in order for the injured to get out of mast, and (b) placed the injured party on the counter-in and half-ined bed on a bed exclusively for a marina; and (c) placed the injured party on the bed in the bed area around the bed area of the victim’s bed.

At the same time, the victim panty of the victim was spanty and the defendant's finger was inserted into the victim's spanty.

As a result, the Defendant committed an indecent act against the victim by means of occupational deceptive scheme.

Summary of Evidence

1. Statement by the defendant in court;

1. Partial statement of the protocol concerning the examination of the suspect against the defendant;

1. Statement made by the police on the victim;

1. Application of the G dialogue content Acts and subordinate statutes;

1. Article 10 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with prison labor for the crime;

1. Where a conviction of a sex offender subject to registration becomes final and conclusive in regard to the facts constituting a sex offense subject to registration and submission of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, 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 the Defendant is obligated to submit personal information to the head

In full view of the age, occupation, family environment, social relationship, criminal record and the risk of recidivism, benefits and preventive effects expected by an order of disclosure or notification, and disadvantages and side effects of the defendant exempted from an order of disclosure or notification, there are special circumstances under which personal information shall not be disclosed or notified.

Since it is judged, Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Protection of Children and Juveniles against Sexual Abuse.

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