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(영문) 대전지방법원 2014.12.03 2014고단520
강제추행
Text

A defendant shall be punished by imprisonment for not less than eight months.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On December 20, 2013, at around 02:50 on December 20, 2013, the Defendant collected from the side of the victim E (the 23 years old) who is intending to grow up in the drying area of female water inside the Busan Jin-gu, Busan, the Defendant met the victim's chest by inserting his hand into the pande of the victim's pande, and putting his hand into the victim's panty.

On the other hand, the Defendant committed an indecent act by force against the victim by putting the victim's grandchildren into one's own panty, and committing his sexual intercourse.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to a criminal investigation report (referring to the picture submitted by the victim), investigation report (referring to telephone statement of the victim E);

1. Article 298 of the Criminal Act applicable to the crimes;

1. If a conviction on a sex crime subject to registration becomes final and conclusive, though there is no previous conviction of the same kind of punishment for punishment of a sexual crime subject to order under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, but the degree of indecent act is not somewhat weak, or a conviction on a sex crime subject to registration is final and conclusive, 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

In light of the Defendant’s age, occupation, risk of repeating a crime, motive, method and seriousness of the crime in this case, the degree and expected side effects of the Defendant’s entrance due to the disclosure order or notification order, the prevention of sexual crimes subject to registration and the effect of protecting the victims thereof, etc., personal information shall be personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse.

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