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(영문) 서울동부지방법원 2016.07.07 2015고단3659

강제추행

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

피고인은 2015. 11. 13. 20:40 경 서울 광진구 C에 있는 D 지하 1 층 수면 실에서 피해자 E(38 세) 의 옆에 누워 손으로 피해자의 손을 잡아 피고인의 성기에 갖다 대고 비볐다.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Legal statement of witness E;

1. Statement made by the police for E;

1. E statements;

1. Application of Acts and subordinate statutes to the report of investigation (the same kind of power);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Grounds for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against an order to attend a course;

1. The basic area (six months to two years) of the Sentencing (the scope of recommended punishment) (the person subject to special sentencing) of the category 1 of the crime of indecent act by force (the person subject to at least 13 years of age) on the general standards;

2. In addition, where a conviction becomes final and conclusive on the criminal facts stated in the judgment that are subject to the obligation to register and submit personal information in consideration of all the sentencing factors indicated in the record, such as the Defendant’s age, occupation, sex, family relationship, and circumstances before and after the crime, etc., the Defendant is 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 a competent agency pursuant to Article 43 of the same Act, inasmuch as it is a person subject to registration of personal information under Article 42(1) of the same Act, where it is decided that there is a conviction on the criminal facts stated in the judgment that are subject to the obligation to register and submit personal information, inasmuch as the Defendant is subject to registration of personal information under Article 43 of the same Act, and there is no need to submit personal information to the competent agency pursuant to Article 43 of the same Act.

The defendant's age, occupation, risk of recidivism, details and motive of the crime, method and seriousness of the crime, order of disclosure or notification of personal information shall be given.