logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 거창지원 2019.08.14 2018고단236
강제추행
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

Punishment of the crime

On June 24, 2018, at around 22:10, the Defendant was on the top of the steering line of the E-si operated by the victim D (the age of 40) in front of the C cafeteria located in Daegu-gu, Daegu-gu, and was in the office of the Defendant located in Gohap-gun F, Gyeongcheon-gun on the same day, the said taxi was able to take care of the son himself/herself in the G national highways of the Gyeongbuk-gun, Gyeongnam-gun, Gyeongnam-gun, and was able to take care of the son's body towards the son by attaching the victim's sexual part to the Defendant's left hand, thereby committing an indecent act by force.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

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

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. The reason for sentencing is determined as follows: (a) comprehensively taking account of the following: (i) disclosure and notification of personal information of the accused; (ii) notification; (iii) notification of an employment restriction order; (iv) notification of the accused; (iv) notification of the accused’s personal information; (v) notification proviso to Article 49 (1); (v) proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; (v) proviso to Article 56 (1); (v) Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); and (v) Article 59-3 (1) proviso to the Act on Welfare of Persons with Disabilities (age, occupation, family environment; (v) risk of recidivism; (v) disclosure and notification of criminal records; and (v) profits expected by an employment restriction order; and (v) disadvantages and side effects therefrom; and (v) the sentencing

1. The basic area (six months to two years) of the type of the crime of indecent act by force (persons aged 13 or older) according to the sentencing guidelines;

2. The determination of the sentence of sentence shall be such that sexual humiliation or mental shocks of the victim who was frightful by the Defendant himself/herself while driving a taxi shall be less severe.

arrow