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(영문) 서울중앙지방법원 2018.10.17 2016고단8181

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

around 02:00 on January 10, 2016, the Defendant, while drunk in front of “C” main points located in Gangnam-gu Seoul, Gangnam-gu Seoul, with a view to discovering the victim D (V, 24 years old) and having the victim commit an indecent act against the said victim.

The Defendant committed an indecent act on the part of the above victim by coercioning the above victim by using the victim’s chest to knife the victim’s breast at his her own fright side from the top of the above victim.

Summary of Evidence

1. Legal statement of the witness D;

1. Partial statement of witness E;

1. Statement made by the police against D;

1. Application of the statutes in which part of the police statement protocol against E is written;

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. The proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to complete program (the defendant is a foreigner of U.S. nationality who has difficulty in implementing order to complete program because communication with the Korean language is not smooth);

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose, notify, or restrict employment; the proviso to Article 49(1) and the proviso to Article 50(1) and the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the fact that the defendant has no record of being punished for the same kind of crime; the fact that the defendant has no record of being punished for the same crime; the registration of personal information alone can prevent re-offending;

In full view of other circumstances such as disclosure order, notification order, and employment restriction order, social benefits expected by a sexual crime prevention effect, disadvantages and anticipated side effects of the defendant, there are special circumstances in which the defendant's personal information should not be disclosed or notified, or a juvenile-related institution, etc. should not order the restriction on employment to a juvenile-related institution.

If a conviction becomes final and conclusive on the criminal facts stated in the ruling to register new information and submit them, the accused shall be punished for sexual crimes.