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(영문) 서울남부지방법원 2018.12.07 2018고단2786

강제추행

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Punishment of the crime

On February 3, 2018, around 23:31, 2018, the Defendant: (a) found the victim D (the age of 23) who is laundry at the laundry site of Yeongdeungpo-gu Seoul apartment complex C, Yeongdeungpo-gu, Seoul; (b) found the victim D (the age of 23) who is laundry at that place; (c) found the victim’s right chests of the victim by hand, and forced the victim to commit an indecent act.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Under Article 16(2) and Article 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Social Service or Order to Attend shall take into account the method, details, etc. of the instant crime on the grounds of sentencing. Taking into account the fact that the Defendant has moved his wife while in opposition, the Defendant’s previous conviction relation, age, sex, environment, family relationship, circumstances after the commission of the crime, etc., and comprehensively takes into account all the factors of sentencing indicated in the records, such as the Defendant’s criminal records, age

When a conviction on a crime in the judgment that is a sex offense subject to registration and submission of personal information becomes final and conclusive, the defendant is 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 head of the relevant agency pursuant to Article 43

In full view of the Defendant’s age, occupation, criminal record, risk of recidivism, type of crime, motive, process of crime, age of the victim, relationship with the victim, degree and anticipated side effects of the Defendant’s disadvantage, registration of personal information, order to complete program or order to attend a course, the effect of protecting the victims, etc., there are special circumstances where the disclosure and notification order of personal information, order to disclose or notify personal information, and order to restrict employment should not be issued.