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(영문) 서울중앙지방법원 2013.11.01 2013고단5110

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 July 4, 2013, at around 00:53, the Defendant discovered that she walked from the alleyway of Gwanak-gu in Seoul Special Metropolitan City, the victim D (n, 26 years of age) facing the victim D(n, 26 years of age). On the first hand, the Defendant committed an indecent act by force against the victim on the victim's her hand floor only when she seems to her part of the victim's her part.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness D’s legal statement (the defendant, only after the lapse of the victim at the time, could have the defendant’s hand her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

1. Application of each police protocol of statement to E and F;

1. Article 298 of the Criminal Act applicable to the crimes;

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. The scope of punishment by sentence: Imprisonment with prison labor for not more than ten years;

2. The recommended sentence on the sentencing criteria: Imprisonment with prison labor for not more than one year (the area to be mitigated among the types of crimes of indecent act by compulsion);

3. Determination of sentence: Imprisonment with prison labor for six months and two years of suspended sentence: The sentence shall be determined in consideration of the fact that the victim commits an indecent act against the victim who passed through the Han-gel path during one night and the shock that the victim would have received at the time and the sentence shall be suspended, and the sentence shall be suspended in consideration of the fact that the victim is a primary offender, the degree of indecent act is weak and contingent crime, etc.;

Where a defendant who is obligated to register and submit personal information is found guilty of a crime in this case, he/she shall be subject to registration of personal information in accordance with Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and shall be obligated to submit personal information to the competent agency pursuant to Article 43

To order the disclosure or notification of registered personal information.