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(영문) 서울중앙지방법원 2020.11.12 2020고단5890

강제추행

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

On December 22, 2019, around 07:20 on December 22, 2019, the Defendant found the victim D (23 years old) that passed by the club "C" located in Gangnam-gu Seoul, and found the victim D (23 years old) while having danced in the three tables, and led to a knicking of the victim's left chest by extending the hand.

Accordingly, the Defendant committed indecent acts by assaulting the victim.

Summary of Evidence

1. Application of Acts and subordinate statutes of the police written statement E to the defendant's legal statement D;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

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

1. If a conviction on the criminal facts stated in the judgment on the registration and submission of personal information under Article 16(2) main sentence of Article 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 56(1) main sentence of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018) and Article 59-3(1) main sentence of the Act on Welfare of Persons with Disabilities becomes final and conclusive, 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

In full view of the Defendant’s age, occupation, risk of recidivism, type of crime in this case, motive, process of crime, disclosure and notification order, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure and notification order, prevention of sex crimes subject to registration that can be achieved therefrom, and the effect of protecting the victims, there is a special circumstance that the disclosure and notification of the Defendant’s personal information should not be disclosed.

Therefore, in accordance with Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and Articles 49(1) proviso and 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse, each of the above orders shall not be sentenced to the accused.