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(영문) 전주지방법원 2018.10.12 2018고단1159
강제추행
Text

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

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

Reasons

Punishment of the crime

At around 17:40 on April 13, 2018, the Defendant had a mind to commit an indecent act against the victim who was a workplace club in the dwelling space of the victim D (name, 25 years of age) located in North Korea-U.S., and had the victim, who was holding his house, placed his house on the right side of the victim, and placed the victim on the right side of the victim, “I am, I am, I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

Application of the police statement law to the victim of the defendant's legal statement

1. Article 298 of the Criminal Act and the choice of punishment for the crime;

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. No order to notify registered information shall be issued pursuant to the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, taking into account all the circumstances, such as the subject matter of an indecent act committed by a person subject to an employment restriction order under Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, the subject matter of an indecent act committed by a person subject to an employment restriction order under Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the necessity

The reason for sentencing was that the defendant, even though he resisted by the victim and expressed his intention of refusal, was exempted from the body of the victimized person to the extent that his chest and clothes were visible, and did not stop the crime immediately before the sound breath, and even if he did not stop the crime by hand, the defendant stopped the crime that the victimized person was around.

The defendant had been in the probation period at the time of committing the crime and had a number of criminal records, such as the defendant's history of attempted robbery and rape, and agreed with the victim.

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