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(영문) 서울북부지방법원 2017.09.07 2016고단4589
강제추행
Text

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

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

Reasons

Punishment of the crime

On October 6, 2016, the Defendant, following the victim D (V, 41 years of age) in front of the Guluri City, around 12:08 on October 6, 2016, committed an indecent act by force against the victim by making the victim's son her son her son her son with her son.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Application of Acts and subordinate statutes of D;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reason for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order is that the defendant repents and reflects his/her crime, the type and degree of conduct committed by the defendant, the defendant has the record of having been sentenced to the suspension of indictment for the crime of forced indecent act at the Seoul East District Prosecutors' Office on July 17, 2013, the victim wants to punish the defendant, his/her current location is unknown, and all other circumstances shown in the arguments of this case, such as the defendant's age, family relationship, and inclination.

Where a conviction of a criminal fact in the judgment that is a sex offense subject to registration and submission of personal information becomes final and conclusive, the defendant is a person subject to registration of personal information pursuant to 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 competent agency pursuant to Article 43 (1) 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 of Children and Juveniles against Sexual Abuse, in full consideration of the Defendant’s age, occupation, risk of recidivism, content and motive of the crime, method and seriousness of the crime, the degree of disadvantage and side effect that the Defendant may sustain due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of the protection of the victim, etc.

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