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(영문) 수원지방법원 안양지원 2018.11.14 2018고단1592
준강제추행
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On August 8, 2018, around 02:00, the Defendant: (a) from the 7rd Dong Dong Dong Dong Dong Dong Dong Dong Dong Dong Dong Dong Dong Dong Dong Dong Dong Dong Dong Dong Dong Dong Dong Dong Dong Dong Dong Dong Dong Dong Dong Dong Dong, the Defendant, as the Defendant’s entrance, and (b) from the victim C (27 years old) who was divingd on the right side of the Defendant, and (c) was out of the victim’s panty, and was prompt into the Defendant’s entry.

Accordingly, the defendant committed indecent acts by taking advantage of the victim's resistanceable condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. Ethical letters;

1. Application of Acts and subordinate statutes governing evidence photographs;

1. Articles 299 and 298 of the Criminal Act applicable to the crimes;

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. Where a conviction of the accused is finalized 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 Juveniles against Sexual Abuse, 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 to submit personal information to the head of the competent police office pursuant to Article 43 of the same Act.

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) and the proviso to Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse shall not be sentenced to an order to disclose or notify the accused, in consideration of the Defendant’s age, occupation, social relationship, criminal records and the risk of recidivism, benefits and preventive effects expected by the disclosure order or notification order, disadvantages and side effects therefrom, including the fact that the indecent act by force of disclosure order or notification order was committed in a special space of correctional institution.

The reason for the sentencing [the scope of recommendations] the basic area (the general indecent act by force) of the first type of the crime of indecent act by force (the objects of 13 years or more) shall be punished by imprisonment for 6 months or more.

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