beta
(영문) 서울서부지방법원 2017.06.02 2016고단3289

강제추행

Text

1. The defendant shall be punished by imprisonment with prison labor for six months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On February 2, 2016, around 21:00, the Defendant forced the victim to commit an indecent act on the part of C hotel in Mapo-gu Seoul, with the victim D(W, 33 years of age) on the top of C hotel located in Mapo-gu Seoul, and D(W, 33 years of age) on the right hand of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D and E;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

2. Article 62 (1) of the Criminal Act ( considered as favorable circumstances, etc. among the following reasons for sentencing).

3. Grounds for the sentencing of the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against an order to attend school

1. Recommendation and sentence of sentencing guidelines: Where the exercise of tangible force (one month to one year) in the mitigated area (one year from one year) is considerably weak, in cases where the punishment is chosen, for which compulsory indecent conduct (subject to 13 years or more) is to be committed, for not more than one year (the scope of recommended punishment).

1. Unfavorable circumstances: The fact that the degree of conduct is very severe, the fact that the person does not receive a letter from the injured party, etc.;

1. A favorable circumstances: When a conviction of a sex offense subject to registration is finalized, in light of all the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive, means and consequence of the crime, etc., such as the fact that the defendant has committed a mistake in this court and has no previous conviction in addition to two different types of fines, and that there is no previous convictions, 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 defendant is obligated to submit personal information to the relevant agency pursuant to Article 43 of the same Act.

The age, occupation, risk of repeating a crime, motive, method and seriousness of the crime of this case, and the degree of disadvantage of the defendant resulting from the disclosure order or notification order of personal information.