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(영문) 서울서부지방법원 2018.04.04 2018고단440

강제추행

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On December 24, 2017, around 02:30 on December 24, 2017, the Defendant accessed the victim E (n, 37 years of age) who had been placed at a stage in Yongsan-gu Seoul Metropolitan Government and had danced at that place, and had access to the victim again, and had access to the victim again, and had the victim's hand kept around the victim's drinking part.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a investigation report (on-site CCTV analysis), investigation report (Attachment to photographs after capturing the video data);

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

1. As long as an order to attend a course or order to complete a program is convicted of the accused who has committed a sexual crime exempted from an order to attend a course or order to complete a program under Article 62 (1) of the Criminal Act, in principle, an order to attend a course or order to complete a program shall be issued concurrently. However, considering

Considering the fact that the defendant could be forced to leave the country, there are special circumstances where it is impossible to impose an order to attend a course or order to complete a program on the defendant.

In accordance with the proviso of Article 16(2) of the Act on the Punishment, etc. of Sexual Crimes, an order to attend a course or order to complete a program may not be issued concurrently.

For the reason of sentencing, the degree and attitude of the instant indecent act is not easy, and in light of the nature of the indecent act, it seems that the victim would not have much shocked at the time, and considering the fact that the victim did not receive a letter from the injured party, the decision of imprisonment shall be made in consideration of the fact that the perpetrator did not have a previous record of punishment in Korea and did not have any contingent crime, the sentence shall be determined and the execution thereof shall be suspended.

When a conviction becomes final and conclusive on the facts constituting an offense on which personal information shall be registered and submitted, the accused shall be punished for sexual crimes.