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(영문) 서울서부지방법원 2014.06.11 2014고단796

강제추행

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 11, 2014, around 03:53 on March 11, 2014, the Defendant: (a) committed an indecent act by force against the victim on the back side of Eunpyeong-gu Seoul Metropolitan Government, by causing a sudden desire to punish the victim; and (b) by using the victim’s left chest with a bad hand.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

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

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

1. The grounds for the sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes [Scope of Recommendation] General Standard of the Punishment of Indecent Act by Indecent Act (subject to the age of 13 or older) [Determination of sentence] and the mitigated area (one month or year), the defendant acknowledges and reflects the defendant's wrong recognition, the defendant does not have any particular criminal record, the defendant's age, character and conduct, environment, circumstances leading to the instant crime, etc., shall be determined as per the order, taking into account all the conditions of the sentencing, such as the following circumstances.

If a conviction on a crime subject to registration becomes final and conclusive on the judgment that is a sex offense subject to registration, the accused is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article

In light of the Defendant’s age, occupation, risk of repeating a crime, motive, method, seriousness of the crime in this case, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes shall be comprehensively taken into account.