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(영문) 서울서부지방법원 2014.02.19 2013고단3256

강제추행

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 02:00 to 02:30 on September 23, 2013, the Defendant: (a) D’s main point of the operation of the Victim C (Y, 36 years of age) located in Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government (hereinafter “C”); (b) putting the Victim’s hand in the victim’s clothes while drinking alcohol and exchanging the victim’s talk with the victim; (c) putting the victim’s chest into the victim’s clothes; and (d) putting the victim’s chest into the victim’s chest, and prevented the victim by drinking the victim’s chest; and (d) paid KRW 90,00 won out of the drinking value of KRW 30,00,00,000 to go to the victim’s coffee shop operated by the Defendant.

At around 04:00 on the same day, the Defendant: (a) committed an indecent act by putting the Victim’s breast on a table near the inner wall of the victim, causing the Victim’s desire to do so; (b) holding on the side the body of the victim; (c) cutting off the victim’s body; (d) cutting off the victim’s upper shoulder left door; and (e) making the victim’s chest quickly and forced him to collect the finger on the part of the victim’s drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of police statement protocol to C

1. Relevant Articles of the Criminal Act concerning the facts constituting the crime. Article 298 (Selection of Imprisonment or Imprisonment);

1. Where a judgment on the registration of personal information under Article 62(1) of the Criminal Act becomes final and conclusive, the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article

However, an order for disclosure and notification of registered information is not an order for disclosure and notification of registered information, since it is judged that there are special circumstances that the disclosure of personal information should not be disclosed in light of the defendant's tendency of unsatising (not high possibility of resatising) on the defendant's military force.

In light of the circumstances leading to the instant crime, the Defendant’s reason for sentencing, the form and degree of indecent act against the victim, the fact that there was no previous record, and the fact that the Defendant agreed with the victim. It is so decided as per Disposition.