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(영문) 수원지방법원안산지원 2020.08.19 2020고단2364
강제추행
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Around 19:48 on June 2, 2020, the Defendant: (a) discovered the victim D (one’s name, half, and sixty-four years of age) who sits in front of the Defendant, and (b) laid down on the victim’s side, and (c) committed an indecent act against the victim by extending the victim’s left chest by going outside the victim’s hand, and putting the victim’s chest on two occasions.

Summary of Evidence

1. Statement of the police concerning D's legal statement of the defendant;

1. Application of the Acts and subordinate statutes concerning a CCTV image closure photograph;

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

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

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities, 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

In full view of the Defendant’s age, occupation, risk of repeating a crime, details and motive of a crime, method and seriousness of a crime, the degree of disadvantage and anticipated side effects to be borne by the Defendant due to an order of disclosure or notification, the prevention and effect of a sexual crime subject to registration which may be achieved therefrom, and the protection effect of the victims thereof, etc., the disclosure order and notification order shall not be issued against the Defendant, given that there are special circumstances under which personal information shall not be disclosed or notified 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

The reasons for sentencing are the following circumstances, the age, environment, and crime of the defendant.

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