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(영문) 서울서부지방법원 2015.07.08 2014고단2911
강제추행
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On October 20, 2011, the Defendant was sentenced to six months of imprisonment with prison labor due to property damage, etc. at the Seoul Central District Court on October 20, 201 and completed the execution of the above punishment at the Seoul Detention Center on October 2, 2012.

On October 12, 2014, around 03:50 on October 12, 2014, the Defendant reported the appearance of the victim E (n, 22 years of age) to get a taxi and committed an indecent act against the victim after the victim was able to talk with the victim's drinking part.

Summary of Evidence

1. Legal statement of witness E;

1. The results of the reproduction of black boxes and video recording CDs;

1. Statement to E by the police;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records, personal identification and current status of confinement;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

1. Article 35 of the Criminal Act among repeated crimes;

1. Where a conviction on a sex offense subject to registration becomes final and conclusive in the judgment, which constitutes a sex offense subject to registration, 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

In full view of the Defendant’s age, occupation, risk of recidivism, motive, method of crime, seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects to be achieved therefrom, the preventive effect of sexual crimes subject to registration which may be achieved therefrom, the effect of protecting the victim, etc. of the Defendant’s exemption order of personal information disclosure order or notification order, it is determined that there are special circumstances that may not disclose and notify 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 of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and thus, the Defendant shall not be ordered to disclose

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