beta
(영문) 서울서부지방법원 2017.11.10 2017고단2362

강제추행

Text

1. The defendant shall be punished by imprisonment with prison labor for four months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On May 21, 2017, at the convenience store located in Yongsan-gu Seoul Metropolitan Government around 02:20 on May 21, 2017, the Defendant committed an indecent act against the victim by forcing the victim by putting his 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 herb

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Application of Acts and subordinate statutes on police statements made to E and D;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

2. Article 62 (1) of the Criminal Act ( considered as favorable circumstances, etc. among the following reasons for sentencing).

3. Grounds for the sentencing of the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against an order to attend school

1. Recommendation and sentence of the sentencing guidelines: Where the exercise of tangible power is considerably weak (one month to one year) in the area of mitigation (special mitigation) (one month to one year) of types of indecent conduct (persons subject to 13 years or more) under the general standard (the exercise of tangible power shall not be prior to the indecent conduct by assault, and the exercise of tangible power shall not be prior to the exercise of force).

1. Unfavorable circumstances: The degree of conduct is serious, the person is not able to receive a letter from the injured party, etc.;

1. favorable circumstances: 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, and the defendant is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act, on the ground that a conviction on a sex crime subject to registration becomes final and conclusive, which is subject to registration, considering all kinds of sentencing conditions prescribed in Article 51 of the Criminal Act, such as the age, sex, environment, and circumstances after the crime, etc. of the defendant, including the fact that the defendant shows an attitude against his/her wrongness, such

The defendant is subject to the order of disclosure or notification of personal information, due to his age, occupation, risk of recidivism, motive for committing the crime of this case, method of committing the crime, seriousness of the crime, and the order of disclosure or notification.