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집행유예
red_flag_2(영문) 서울북부지방법원 2011. 7. 22. 선고 2011고합176 판결

[강제추행상해][미간행]

Escopics

Defendant

Prosecutor

Kim Chang-woo

Defense Counsel

Attorney Park Ji-ok

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

An order the accused to take a lecture for sexual assault treatment for 40 hours.

Disclosure of information on the accused shall be made public through an information and communications network for three years.

The defendant shall be notified of the information for three years.

Criminal facts

On May 18, 2011, at around 01:34, the Defendant: (a) reported the victim Nonindicted 1 (man, 16 years old) in front of the set-off (number omitted) in Seoul Special Metropolitan City, Nowon-gu; and (b) attempted to force the Defendant to force by force.

The Defendant, depending on the victim, committed an indecent act by forcing the victim to take care of the victim's chests in the future of the victim who was in the way of set-off 389-491, Seoul Special Metropolitan City, Nowon-gu, the victim was aware of the victim's hair and knife the victim's breasts, and committed an indecent act by inducing the victim to take the head and knife of the victim's knife with knife with knife with knife with knife with knife with knife with knife with the victim's face.

Accordingly, the defendant forced the victim to commit an indecent act, and thereby, inflicted an injury on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of Nonindicted 1’s statement of the police victim, and statement of Nonindicted 2’s witness to the police;

1. A report on investigation (as to photographs of the criminal scene), a report on investigation (as to the prior investigation);

1. On-site photographs, etc. of crimes;

1. A written appraisal;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 301 and 298 (Selection of Imprisonment for Imprisonment with Labor)

1. Discretionary mitigation;

Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2007Da1448, Apr. 2

1. Suspension of execution;

Article 62(1) of the Criminal Act (Consideration of favorable Circumstances, etc. among the Reasons for Sentencing below)

1. Order to attend lectures;

Article 13(1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. An order for disclosure;

Article 38(1)1 and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. An order to notify;

Article 38-2 (1) 1 and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse

Reasons for sentencing

[Scope of Punishment by Law] Imprisonment with prison labor of two years and six months to fifteen years

[Determination of Punishment] Where a result of a sex crime group or 02 bodily injury occurs, one-1 type (the target / bodily injury, general indecent act at least 13 years old)

【Special Convicted Persons】

- Mitigation elements: In the event that the degree of indecent conduct is weak, minor injury, or penalty is not imposed;

- Aggravations: Victims vulnerable to crimes;

【Decision on the Recommendation Area】 Special mitigation Area

[Scope of Recommendations] Imprisonment of 9 months to 4 years

[Scope of modified Recommendations] Imprisonment of two years and six months to four years (in accordance with imprisonment of two years and six months, which is the lowest sentence of the applicable law)

【General Convicts】

- Mitigation elements: serious reflective or criminal punishment;

- Aggravations: in the case of crimes against juveniles

【Main Grounds for Suspension of Execution of Sentence】

- negative: Victims vulnerable to crimes;

- positive: In the event that the degree of indecent conduct is weak in the indecent offence, the commissioner who is not subject to punishment;

[Grounds for general participation in suspension of execution]

- positive: A person who has no criminal record of the same kind, has no criminal record of the stay of execution, and is obvious of social relationship;

contingent crimes, serious reflector

[Determination of Sentence] Imprisonment with prison labor for 2 years and 6 months, 3 years of suspended execution

All the above sentencing factors, including the defendant's age, character and conduct, environment, means and consequence of crime, and circumstances after crime, shall be determined by imprisonment with prison labor for not less than two years and six months, and the execution of the sentence shall be suspended for three years.

Registration of Personal Information

In a case where a conviction against the defendant on the crime of this case is finalized, the defendant constitutes a person subject to registration of personal information pursuant to Article 33 of the Act on the Protection of Children and Juveniles against Sexual Abuse, and thus, is obligated to submit personal information to the competent agency pursuant to Article 34 of the same Act

Judges Ansan-ho (Presiding Judge)