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(영문) 창원지방법원 2016.08.25 2016고합153
강제추행
Text

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

The defendant shall complete a sexual assault treatment program for 80 hours against the defendant.

Reasons

Punishment of the crime

On May 5, 2015, around 22:55, the Defendant committed an indecent act on the part of the victim E (the 33 years old), the husband of the victim, etc. on the second floor of the “D Sing shop” located in Kimhae-si, Kim Jong-si, with music together with the victim E (the 33 years old), and the her husband, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of each police statement protocol to E and F;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

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

1. Where a conviction becomes final and conclusive with respect to the facts constituting the crime indicated in the registration of new information, in full view of the following: (a) Articles 47(1) and 49(1) proviso of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and notification order; (b) Articles 49(1) proviso and 50(1) proviso of the Act on the Protection of Juveniles from Sexual Abuse (the Defendant’s age, environment, social ties, criminal records, and risk of recidivism recognized as recorded in the record; (c) the developments leading up to the instant crime; (d) the benefits and preventive effects expected by the disclosure order or notification order of this case; and (e) disadvantages and side effects arising therefrom; and (e) the Defendant constitutes a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; and (e) the Defendant is obligated to submit personal information to a competent agency pursuant to Article 43 of the same

Reasons for sentencing

1. The scope of applicable sentences under law: Imprisonment for one month to ten years; and

2. Application of the sentencing guidelines [the types of decisions] group of sex crimes, general standards, crime of indecent act by force (subject to at least 13 years of age), general indecent act (subject to 13 years of age) [special sentencing factors] mitigation factors: Non-won of punishment [the area of recommendation and the scope of recommendations] mitigation area, one month of imprisonment or one year;

3. Determination of sentence: Imprisonment with prison labor for six months, the accused shall be punished by a majority of the crimes of the same kind before;

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