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(영문) 인천지방법원 2016.03.02 2015고단7870
준강제추행
Text

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

The defendant shall order the completion of a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On December 3, 2015, around 01:30 on December 3, 2015, the Defendant: (a) discovered a victim (e.g., age 21) who is under the influence of alcohol in a bus while sitting at the front side of the bus bus at the bus stops in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon; (b) discovered the victim (e.g., age 21) who was under the influence of alcohol in the bus; and (c) thought that he was able to commit an indecent act

The Defendant committed an indecent act against the victim by taking advantage of the victim’s mental and physical loss, or by taking advantage of the victim’s chests into the victim’s condition where he was unable to resist, such as gathering the victim’s chests continuously by continuously putting his left hand into terrts and gathering the victim’s fingers into bracks, thereby gathering the victim’s fingers into bracks.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement law to E

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 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 4

In light of the defendant's age, occupation, risk of recidivism, type and motive of the crime, process of the crime, seriousness of the crime, preventive effect of the sexual crime that can be achieved through an order to disclose information, disadvantage of the defendant, etc., no order to disclose personal information registered pursuant to 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 shall be issued to the defendant.

Reasons for sentencing

1. Sentencing Criteria: Basic area of the indecent act committed by general compulsory acts subject to at least 13 years of age (from June to two years);

2. The crime of this case is committed by the defendant, who was diving on a bus, on his own.

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