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(영문) 서울중앙지방법원 2017.04.21 2016고단9248

강제추행

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 26, 2016, the Defendant, around 22:22, around 16, 2016, committed an indecent act against the victim D(W, 30 years of age) within C urban bus bus that passed near 161 in the position of Jongno-gu Seoul, Jongno-gu, Seoul, by entering the front of the Defendant in order to sit in the seat inside the seat where the Defendant is seated, and the victim’s her am (including the part above the sound part) was her own hand, and forced the victim to sit.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, E, and F;

1. Statement made by the police against D;

1. Application of each Act or subordinate statute of D, E, or F

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Act on Suspension of Execution ( although a person is unlikely to feel sexual humiliation, he/she appears to have committed an contingent crime in light of the circumstances of the crime, etc., the primary crime, and other factors such as the age, sex, family relationship, etc. of the defendant);

1. When a judgment of conviction on a sex offense subject to the registration of personal information under Article 62-2 of the Criminal Act and Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes 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. of Sexual Crimes, and is obliged to submit personal information to the competent agency pursuant to Article 43 of the same Act.

In light of the Defendant’s age, occupation, risk of recidivism, motive, progress, seriousness of the crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect of sexual crime subject to registration that may be achieved therefrom, the effect of the protection of the victim, etc., the disclosure of personal information may not be notified in accordance with Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse.