beta
(영문) 서울중앙지방법원 2019.06.12 2019고합336

강제추행등

Text

A defendant shall be punished by imprisonment for not more than ten 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

Defendant

On November 23, 2018, the respondent of the probation order (hereinafter referred to as the "defendant") was able to look at the chest and shoulder part of the victim D (tentative name, female) who was drinking and drinking in the table table in Jung-gu Seoul, Jung-gu, Seoul on November 23, 2018.

Accordingly, the defendant committed indecent acts by force against the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning D;

1. Application of Acts and subordinate statutes of E;

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

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

1. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation Orders or Orders to attend a lecture

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes subject to Exemption from Disclosure and Notice Orders; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (limited to the records that the defendant has been punished as fines once for the same kind of crime, but it is difficult to readily conclude that the defendant has a criminal tendency against many and unspecified persons; the sentence of imprisonment to the defendant and registration of personal information; the order to attend sexual assault treatment courses; the order to attend probation courses; and the restriction on employment seems to have the effect of preventing recidivism; and there are other special circumstances where disclosure and notice of personal information of the defendant may not be disclosed or notified, comprehensively taking into account the disadvantages and anticipated side effects that the defendant will suffer, the defendant's age, occupation, family environment, social relationship, motive, means, and results of the instant crime

1. The judgment of conviction shall be based on the facts constituting the crime of registering and submitting personal information under Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.