beta
(영문) 서울서부지방법원 2015.05.21 2014고단3589

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

The Defendant, around 22:00 on November 28, 2014, at the front of the cafeteria “D” restaurant located in Mapo-gu Seoul Metropolitan Government, had an interview to get a job in the Defendant’s “F” gate, operated by the Defendant in Mapo-gu Seoul, with the Defendant’s hand on the left side of the Victim G (the 23 years old) who opened the interview, she shall not put the Defendant’s hand on the Defendant’s hand, she shall put the victim’s chest into the front part of the victim’s chest, and the victim’s chest was able to look at the victim’s chest, and the victim shall report the victim’s phone from Japan, and the victim received the victim’s phone from the Japan, and the victim shall take charge of the victim’s right buckbuck in the direction that the victim will go into the front part, and the victim forced the victim to commit an indecent act in the part of the victim’s hand.

Summary of Evidence

1. Legal statement of witness G;

1. The details of the Kakao Stockholm dialogue and CDs;

1. Application of Acts and subordinate statutes to a investigation report (to attach CCTV images installed in business establishment D);

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

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

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend lectures or Order to provide community service;

1. If a conviction on a sex offense subject to registration becomes final and conclusive in the judgment, which is a sex offense subject to registration, with which personal information is to be registered under Article 186(1) of the Criminal Procedure Act to bear litigation costs, the defendant 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

The age, occupation, risk of recidivism, motive of the crime of this case, method of crime, seriousness of the crime, the degree of disadvantage and anticipated side effects of the defendant's entry due to the disclosure order or notification order of personal information, and the registration that can be achieved due to such order.