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(영문) 서울남부지방법원 2015.11.20 2015고단3893

강제추행

Text

A defendant shall be punished by imprisonment for six 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 July 26, 2015, at around 05:37, the Defendant: (a) discovered the victim D (here, 20 years of age) who passed through the instant singing practice room in Gangseo-gu Seoul Metropolitan Government; (b) carried the victim’s shoulder at the entrance of the building in which the said singing practice room is located; (c) carried the victim’s shoulder at the entrance of the building in which the said singing practice room was installed; and (d) attempted to have the victim spared and boomed, and forced the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Card receipt, suspect photograph;

1. Application of Acts and subordinate statutes to report internal accidents (the security of CCTVs, etc.);

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by an Order to attend a lecture or an order to disclose or notify registered information under Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, in full view of the Defendant’s age, occupation, risk of repeating a crime, content and motive of the crime, the method and seriousness of the crime, the degree of disadvantage and anticipated side effects of the Defendant’s suffering due to an order to disclose or notify the information, the effect of preventing sexual crimes subject to registration that may be achieved therefrom, and the effect of protecting victims, etc., the court shall not issue an order to disclose or notify personal information to the Defendant pursuant to the aforementioned special circumstances.

Where a conviction becomes final and conclusive on a criminal fact in the judgment that is a sex offense subject to registration and submission of personal information, 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 is obligated to submit personal information to the competent agency

The reason for sentencing.