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(영문) 서울남부지방법원 2020.09.25 2020고합197

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

Punishment of the crime

On May 22, 2020, the Defendant was sentenced to imprisonment of 10 months and fine of 100,000 won in Seoul Southern District Court for the crime of interference with business, etc., and the said judgment became final and conclusive on September 11, 2020.

On February 13, 2020, the Defendant: (a) around 19:30 on February 13, 2020, at C Bank C Bank Gabner located in Gangseo-gu Seoul Metropolitan Government, the Defendant: (b) C Bank C Bank C Bank Gabner; (c) D (one of the 27 years old); (d) “I am bad, bad, kis, and picker’s house”; and (e) obstructed the defective entrance of the victim about to move at the place; and (e) committed an indecent act by force against the victim by making the victim’s head kin by his own hand.

Summary of Evidence

1. The defendant's partial statement in court as witness D;

1. Statement made to D by the police;

1. CCTV closure photographs and CCTV screen pictures;

1. Previous convictions: Application of Acts and subordinate statutes of defendant's legal statement;

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

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. The main sentence of Article 16 (2) of the Criminal Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Crimes committed under Article 62 (1) of the Act on the Suspension of Execution (hereinafter the following extenuating circumstances);

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50(1) appears to have the effect of preventing re-offending even with an order to register personal information of the Defendant and attend a lecture for sexual assault treatment. In full view of the Defendant’s age, occupation, risk of re-offending, type, motive, process, consequence, seriousness of the offense, seriousness of the offense, disclosure and notification order, the degree of disadvantage and anticipated side effects that the Defendant was suffering from, thereby, the prevention effect of sexual crimes that may be achieved, and the protection effect