beta
(영문) 서울서부지방법원 2020.05.13 2019고단1586

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

At around 05:00 on April 28, 2019, the Defendant committed an indecent act by 2-3 hand against the victim D (at the age of 23) who was seated in front of the C convenience point in Mapo-gu Seoul, Mapo-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Police statements prepared in E;

1. Application of Acts and subordinate statutes to a report on investigation at the scene of crime;

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

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

1. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation and Order to Attend Courses;

1. Reasons for sentencing under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to the Welfare of Disabled Persons Act (Act No. 15904, Dec. 11, 2018), the main sentence of Article 59-3 (1) of the Act on Welfare of Disabled Persons;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommended sentences according to the sentencing criteria (the determination of types of sex offenses);

(b) The basic field of the crime of indecent act by compulsion (the person under 13 years of age or older) [the first category] general indecent act by compulsion [the scope of the recommended field and the recommended range], and six to two years of imprisonment;

3. In light of the interview and interview with the method of indecent act as indicated in the judgment of the sentence and the fact that, in particular, the part of indecent act is sensitive to sexually, the nature of the crime is not weak.

The victim was unable to receive a letter from the victim.

However, in light of the fact that the defendant is led to a crime, there is no record of criminal punishment against the defendant, mental disorder and the fact that it seems to have somewhat affected the crime in the judgment, and other various sentencing conditions, such as the defendant's age, character and conduct, environment, etc., it is decided as per the disposition.

A defendant is subject to registration of personal information in accordance with Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes when a conviction on a crime subject to registration becomes final and conclusive.