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(영문) 서울북부지방법원 2015.03.27 2015고합11

준강제추행

Text

A defendant shall be punished by imprisonment for not more than ten 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 January 1, 2015, at around 03:45, the Defendant committed an indecent act against the victim by putting the victim E (here, 38 years of age) in the D third-story film viewing room located in Seongbuk-gu Seoul Metropolitan Government, and taking advantage of the victim's ambl and ambl.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes concerning a photograph by cutting down a course and a CD (CCTV video recording);

1. Relevant Articles of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the crimes;

2. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing).

3. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation, community service order and

4. Where a conviction becomes final and conclusive with respect to the facts constituting a sex offense subject to registration and submission of personal information in accordance with Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes exempt from disclosure order and notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (in light of the degree of indecent act in this case, the defendant's age, social ties relation, etc., it appears that the registration of personal information in the course of sexual assault treatment, etc. can prevent recidivism of the defendant, and other circumstances such as benefits and preventive effects expected by the disclosure order or notification order in this case, disadvantage and side effects, etc., where the defendant's personal information is registered and notified, and the defendant is subject to registration pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, the defendant is obligated to submit personal information to the competent agency under Article 43

Defendant

The assertion of defense counsel and counsel.