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(영문) 서울중앙지방법원 2014.08.29 2014고단4345

강제추행

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 May 18, 2014, around 21:40 on May 21, 2014, the Defendant committed an indecent act by force against the victim, such as finding out the victim D (at 23 years of age) returning home after provoking in the front of Gwanak-gu Seoul Special Metropolitan City, and seeking to commit an indecent act.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of the Acts and subordinate statutes on the surface of CCTV afforestation;

1. Article 298 of the Criminal Act applicable to the crimes;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 16 (2) through (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Where the degree of indecent act in the mitigated area (one month to one year) (special mitigation) of the first category of reduction (one month to one year) is weak in the sentencing guidelines [the range of recommending punishment] general standards for the crime of indecent act by compulsion (subject to the age of 13 or more);

2. In a case where a conviction becomes final and conclusive on the facts constituting a sex crime subject to registration, in which a defendant commits an indecent act against a victim returned home due to a specific reason for sentencing, and there is no record of being punished as being not good, and the defendant commits a crime against his/her own mistake, taking into account all circumstances, such as the defendant's age, family relation, circumstances before and after the crime, and economic circumstances, etc., 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 thus, the defendant is obligated to submit personal information to

The age, occupation, risk of recidivism, contents and motive of the crime, method and seriousness of the crime, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order of personal information, the preventive effect and effect of the sexual crime subject to registration which can be achieved due to such order, and the protection effect of the victim.