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(영문) 인천지방법원 부천지원 2016.03.09 2015고단1166
준강제추행
Text

A defendant shall be punished by imprisonment for four months.

The defendant shall order the completion of a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

around 03:00 on April 9, 2015, the Defendant: (a) was divingd in the 4th floor of “C Sarina” located in Kimpo-si, Kimpo-si, Kimpo-si; (b) came back on the side of the victim D (49 years of age, women) and coming back on the bridge of the victim; (c) turned down the victim’s arms and chest with his left hand; and (d) came up with the part of the victim by inserting his hand into the part of the victim.

Accordingly, the Defendant committed an indecent act against the victim by taking advantage of the victim’s resistance impossibility status.

Summary of Evidence

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement made in the police statement protocol with D;

1. Application of the Acts and subordinate statutes on images of CCTV images;

1. Relevant Article of the Criminal Act; Articles 299 and 298 of the Criminal Act; the choice of imprisonment for a crime;

1. Fully considering the circumstances under Article 51 of the Criminal Act, such as the reason for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the nature of the crime in this case, the circumstances after the crime, and the fact that the defendant is in an unfaithful manner in the trial proceedings in this case, the punishment as ordered shall be determined.

When a conviction on the crime of indecent act committed in the judgment of a sex offender subject to the registration of personal information becomes 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 is obligated to submit personal information to the head of the competent police office pursuant to Article 43 of

In full view of the Defendant’s age, occupation, risk of recidivism, type, motive, process of the instant crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order, the prevention of the sex offense subject to registration that may be achieved therefrom, and the protection effect of the victim, there are special circumstances in which the disclosure of personal information may not be disclosed.

Since it is judged, Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

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