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(영문) 서울서부지방법원 2018.11.15 2018고합234

강제추행

Text

A defendant shall be punished by imprisonment for six 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

Defendant

On May 20, 2018, the person against whom the attachment order was requested (hereinafter referred to as the "defendant") discovered the victim E (hereinafter referred to as the "victim") who sited in the tables from the D main points located in Eunpyeong-gu Seoul Metropolitan Government around 02:50 on May 20, 2018, and forced the victim to commit an indecent act by force by deceiving the victim's bucks and bucks.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Statement made by the police for E;

1. Application of video CD-related Acts and subordinate statutes;

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 the following circumstances: (a) Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information; (b) Articles 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; and (c) the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the sentence of imprisonment to the Defendant; (d) the registration of personal information; and (e) the order to attend a sexual assault treatment program to prevent recidivism; and (e) the Defendant’s age, environment; (e) the risk of repeating the crime; (e) the details and details of the instant crime; (e) the details of the instant offense; (e) the prevention of sexual crimes that may be achieved by the order

[Determination]

1. Grounds for sentencing under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is subject to employment restrictions;

1. The scope of punishment by law: Imprisonment with prison labor for not more than ten years;

2. Type 1 (General Indecent Act in Force) of the crime of indecent act by force (subject to at least 13 years of age) shall be the scope of the recommended punishment according to the sentencing guidelines.