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(영문) 서울중앙지방법원 2019.02.01 2018고단7288

강제추행

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On August 3, 2018, around 04:20 on August 3, 2018, the Defendant walked in front of the building in Gangnam-gu Seoul, Seoul. On the opposite direction of the Defendant, the Defendant got her left chest with the Defendant’s own hand.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of the victim;

1. Application of the Acts and subordinate statutes governing crime scenes, escape video storage CDs;

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed by Order to Provide community service and attend lectures;

1. In light of the Defendant’s age, occupation, risk of repeating a crime, details and circumstances of the crime, method of and seriousness of the crime, crime records, disclosure order or notification order, employment restriction order, etc. comprehensively taking into account: (a) the degree of disadvantage and anticipated side effects of the Defendant’s suffering; (b) the prevention and effect of sexual crimes subject to registration that may be achieved therefrom; and (c) the effect of protecting the victims thereof; and (d) the determination that there is any special circumstance in which the disclosure or notification of personal information shall not be made pursuant to the proviso to Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; (b) the proviso to Article 49(1); and (c) the proviso to Article 56(1) proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; and (d) other special circumstances

Where a conviction becomes final and conclusive due to a crime committed in the judgment on the registration of personal information, the defendant is a person subject to registration of personal information in accordance with 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 head of

The reason for sentencing.