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(영문) 서울남부지방법원 2014.04.11 2013고단2310

강제추행

Text

A defendant shall be punished by imprisonment for four 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 June 23, 2013, at around 20:30 on June 23, 2013, the Defendant committed an indecent act against the victim E (the victim, 47 years of age) on the front side of the D convenience store located in Yeongdeungpo-gu Seoul Metropolitan Government, with a single hand, committed an indecent act against the victim’s chest on two occasions.

Summary of Evidence

1. Legal statement of witness E;

1. E police statement;

1. A written statement;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

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

1. Probation under Article 62-2 of the Criminal Act;

1. Grounds for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend education;

1. Scope of punishment: One month to ten years of imprisonment;

2. The area to be mitigated by applying the sentencing guidelines [decision of a type], the area to be mitigated by sexual crime groups and the crimes of indecent act by compulsion (subject to the age of 13 or more): Imprisonment with prison labor for not more than one year: Where the degree of indecent act is weak / Special aggravation factors: None of them;

3. Determination of sentence: Four months of imprisonment; and

4. Whether to suspend the execution: There is no negative case where the degree of indecent act in the indecent act crime is weak (the reason for general participation): positive cases and there is no criminal record of the same kind of crime and no criminal record of the suspension of the execution, as a result of contingent crime, negative results of contingent crime: It is an unfavorable circumstance that the defendant denies the crime and there is no serious reflective behavior.

However, in full view of all the circumstances revealed in pleadings, such as the fact that there is no criminal record of the same kind and no criminal record of the suspension of execution or more, the defendant was detained for about three months due to the crime of this case, the age, character and conduct, and environment of the defendant, the probation and the order to attend a lecture shall be sentenced to a suspended sentence of imprisonment with prison labor accompanied by

Where a conviction against a defendant is finalized on the criminal facts in the judgment that are subject to registration and submission of personal information, the defendant shall be punished for sexual crimes.