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(영문) 서울중앙지방법원 2018.02.01 2017고단8621

준강제추행

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On September 2, 2017, the Defendant, at around 12:00, at the “C” store located in Seocho-gu Seoul Metropolitan Government, Seocho-gu Seoul Metropolitan Government B and 2, drinking alcohol together with the new wall, and broken the victim D (25 years old) that was diving, and then the victim did not seem to have any reaction, used it, used it in order for the victim to be forced to commit an indecent act against the victim, boomed the victim’s chest, boomed the victim’s breast, boomed the victim’s breast, boomed the victim’s chest, and continued to breath by inserting the victim’s boom, and flading the victim’s boom, she committed an indecent act against the victim who is in an impossible state of resistance, such as cutting off the victim’s boom.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Relevant Articles 299 and 298 of the Criminal Act concerning the facts constituting an offense, and the choice of imprisonment;

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

1. Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed against the Defendant’s acknowledgement of facts charged.

There is no record of punishment for the same crime.

On the other hand, the degree of indecent act was serious and did not receive a letter from the injured party.

In addition, the defendant's age, sex, environment, motive and result of the crime, circumstances after the crime, etc. shall be determined by comprehensively taking into account the various sentencing conditions shown in the arguments in this case.

When a conviction on a crime 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 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 pursuant to Article 43 of

The age, occupation, risk of recidivism, motive, progress and seriousness of the crime, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order, the preventive effects of sexual crimes subject to registration which may be achieved due to such order, and the victim.