beta
(영문) 서울서부지방법원 2019.10.23 2018고단4201

준강제추행

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim B (the age of 24) are among customers D located in Mapo-gu Seoul Metropolitan Government C.

At around 08:00 on October 14, 2018, the Defendant met the sexual organ of the victim who was divingd, and the victim collected her panty in the panty of the victim again, and became the sexual organ of the victim.

Accordingly, the defendant committed indecent acts against the victim once by taking advantage of the victim's refusal to resist.

Summary of Evidence

1. The police statement concerning B;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

1. Article 299 of the Criminal Act and Articles 299 and 298 of the Criminal Act, the choice of imprisonment for a crime;

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

1. proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to complete program (it is determined that there are special circumstances in which it is impossible to impose order to complete program on a foreigner, because the defendant is unable to expect effectiveness of re-offending through a program

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the accused 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 head of a related agency

Considering the Defendant’s age, occupation, risk of recidivism, type of crime, motive, process, seriousness of the crime in this case, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the prevention of sex crimes subject to registration that may be achieved therefrom, and the effect of protecting the victims, it is determined that there are special circumstances that the disclosure of personal information should not be disclosed.