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(영문) 서울동부지방법원 2017.11.30 2017고단3258

준강제추행

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence 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 10, 2017, around 06:44, the Defendant discovered the victim C (V, 29 years old) locked in the B bus located in Songpa-gu Seoul Olympic Games, which was located in the vicinity of the 424th century, and moved the victim's seat immediately back to the back seat, and committed an indecent act by force against the victim on two occasions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes on black stuffs;

1. Relevant Article of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the choice of punishment;

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

1. The grounds for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against the Order to Attend shall be determined by comprehensively taking into account the following circumstances and other various conditions of sentencing indicated in the records.

Where a conviction on the crime of this case against a defendant who has been sentenced to a fine due to the same crime is finalized, 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 thus, the defendant is obligated to submit personal information to the competent agency in accordance with Article 43 of the same Act.

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders and Notification Orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Sex Offenses against Children and Juveniles (the defendant is likely to repeat a sexual crime in general against him/her)

The fact that it is difficult to readily conclude, the registration of personal information, and the completion of a sexual assault treatment program are deemed to have the effect of preventing recidivism to a certain extent, and all other circumstances such as the Defendant’s age, family relationship, the background and process of the instant crime, the benefits and effects expected by the instant disclosure order and notification order, and disadvantages and side effects resulting therefrom.