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(영문) 서울남부지방법원 2016.01.13 2014고단1396
강제추행등
Text

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

The defendant shall be ordered to complete 40 hours of sexual assault treatment programs.

Reasons

Punishment of the crime

1. On October 23, 2013, at around 11:25, the Defendant forced indecent act: (a) entered the packing mar of the victim D (e.g., 46 years old) located adjacent to C Et in Guro-gu Seoul Metropolitan Government; (b) brought the victim who is preparing funeral, and then embarked the victim’s sexual organ, and embarked the victim’s sexual organ, and embarked the victim’s sexual organ, and embarked the victim’s sexual organ in front and rear.

2. The Defendant resisted the Defendant’s forced indecent act outside the front flag of the day set forth in the above paragraph 1, and assaulted the victim’s face taken by the Defendant to drink.

Summary of Evidence

1. Statement made by the police against the victim;

1. Investigation report (12 reporter's statement- telephone communications) (applicable to statutes;

1. Relevant Article 298 of the Criminal Act, Articles 298 and 260 (1) of the Criminal Act, and the choice of imprisonment for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Where a conviction of a defendant is finalized with respect to a crime of indecent act committed by force, which is a sex offense subject to registration and submission of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, 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 the defendant is obligated to submit personal information to a related

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, when comprehensively considering the Defendant’s age, risk of recidivism, type of crime, motive, process, seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to an order of disclosure or notification, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, the effect of the protection of the victim, the favorable circumstances as seen earlier, etc.

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