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(영문) 부산지방법원 동부지원 2016.08.10 2015고단2347
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 80 hours.

Reasons

Punishment of the crime

At around 13:00 on July 25, 2015, the Defendant, under the influence of alcohol, committed an indecent act by taking advantage of the victim’s mental and physical loss, by stating that the Defendant is off all the upper and lower pantys of the victim D (n, 22 years of age) and pantys of the victim D (n, 22 years of age) who was under his/her influence, and that the Defendant was able to see the victim’s body to be fright back to the victim’s return and “do only once,” and demanding a sexual relationship.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of respective legal statements of E and D to the Acts and subordinate statutes;

1. Relevant Article of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the choice of punishment;

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Sex Offenses of Children and Juveniles (the fact that the accused has no record of punishment for a sex crime and the characteristics of the instant crime, etc. are likely to repeat a sex crime against the accused in light of the fact that the accused has no record

In light of the fact that it is difficult to readily conclude, the registration of personal information and the completion of a sexual assault treatment program are deemed to have the effect of preventing recidivism to a certain extent, and the following circumstances are comprehensively taken into account the Defendant’s age, family relationship, background and process of the instant crime, benefits and preventive effects expected by the disclosure order and the notification order of this case, and disadvantages and side effects arising therefrom, where a conviction on the instant criminal facts against the Defendant who registered personal information becomes final and conclusive, the Defendant constitutes 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 thus, personal information is provided to the competent agency pursuant to Article 43 of the same Act.

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