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(영문) 서울동부지방법원 2016.06.16 2016고단939

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

The Defendant, at around 22:00 on April 3, 2016, at the main point of “C” located in Gangdong-gu Seoul, Seoul around 22:0, passed behind the victim D (the family name, the name, the age of 22) who is a part-time student of Gangdong-gu, Seoul, and committed an indecent act against the victim by forcing the victim by making his her her her her her her mm, who was pursuing several body in the future, one time in his her hands.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to D;

1. Application of the Acts and subordinate statutes to a investigative report (Attachment of CCTV Data to a photograph).

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 mitigated area (one month to one year) of the mitigated area (one year from one year) of the types of the crime of indecent act committed by force (subject to at least 13 years of age) on the basis of the general criteria (the scope of recommended punishment) [the person subject to special mitigation] of the sentencing criteria;

2. In a case where a judgment of conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, inasmuch as the Defendant becomes a person subject to registration of personal information under Article 42(1) of the same Act, he/she is obligated to submit personal information to a competent agency pursuant to Article 43 of the same Act.

The age, occupation, risk of recidivism, details and motive of the crime, method and seriousness of the crime, the degree and anticipated side effects of the disadvantage of the defendant due to the disclosure order or notification order of personal information, and the expected side effects.