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(영문) 서울남부지방법원 2014.09.15 2014고단855

준강제추행

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 11, 2014, around 06:00, the Defendant: (a) was under influence of alcohol at the “D” entertainment tavern in Geumcheon-gu Seoul Metropolitan Government’s underground, and (b) was under the lower part of the left part, such as the left part, the lower part, and the left part.

Accordingly, the defendant committed an indecent act by force by taking advantage of the victim's mental condition.

Summary of Evidence

1. The defendant's legal statement;

1. Application of the victim E-legal statement Acts and subordinate statutes;

1. Relevant Articles of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the crimes;

1. Article 62 (1) of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing following the suspended sentence);

1. Although the reason for sentencing under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes committed by the Defendant has no record of being punished for the same offense, in light of the purpose and content of the instant crime, the crime is not less exceptionally acknowledged, but does not seem to reflect the nature of the crime, and all the sentencing conditions, such as the Defendant’s age, character and conduct, family environment, are considered.

Where a conviction becomes final and conclusive on a criminal fact in the judgment that is a sex crime subject to registration and submission of personal information, 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 is obligated to submit personal information to the competent agency

When comprehensively taking into account the Defendant’s age, occupation, risk of repeating a crime, content and motive of a crime, method and seriousness of a crime, the degree of disadvantage and anticipated side effects to be borne by the Defendant due to an order to disclose or notify the registered information, the preventive effect and effect of a sexual crime subject to registration to be achieved due to such order, and the effect of protecting the victims, etc., the sexual crime is committed.