강제추행
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.
Punishment of the crime
On August 28, 2017, at around 00:05, the Defendant boarded a bicycle for a funeral funeral in Seongbuk-gu Seoul, Seongbuk-gu, Seoul. On August 28, 2017, the Defendant saw the victim D (V, 25 years old), who was walking the place, to turn on the right chest of the victim D (V, 25 years old) one time by hand, and escaped.
Accordingly, the defendant committed an indecent act against the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes on police statements made to D;
1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;
1. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, profits and preventive effects expected due to the instant disclosure order and notification order, disadvantages and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.
In conclusion, the reason for sentencing [the scope of recommended punishment] is the general standard for sentencing, and the sentence is the same as the order, comprehensively taking into account the following conditions under the decision not to impose punishment (one month to one year), and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and conditions before and after the crime.
- The Defendant does not feel sexual humiliation or mental impulses that the victim was suffering. In a case where the recognition of a crime and reflect on the crime, the registration of personal information with the victim, and the conviction of the crime in the judgment that is subject to registration to submit personal information, becomes final and conclusive, Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.