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(영문) 서울동부지방법원 2013.12.27 2013고단1946

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

Criminal facts

On June 29, 2013, at around 02:00, the Defendant: (a) taken the victim C (man, 39 years of age) in front of Gangdong-gu Seoul apartment; (b) taken the victim’s mind to force indecent act; (c) taken the Defendant’s hand into the part of the victim; (d) taken the Defendant’s hand into the part of the victim; and (e) took the part of the victim, kidd the victim’s breast in the same manner as the victim took her body and kids, and forced the said victim to commit an indecent act.

Summary of Evidence

1. Defendant's legal statement;

1. C Application of the authentic copy or stenographic record of statutes;

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (i.e., the confession of and reflect on the commission of a crime, the beginning of a sex offense without any particular criminal record, and the circumstances leading to the commission of a crime);

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. Where a judgment becomes final and conclusive to submit personal information to a person subject to registration of personal information pursuant to Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure of Personal Information, and the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (which shall not disclose personal information in consideration of the initial fact of a sex crime, outline, etc.), the defendant is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.