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(영문) 서울남부지방법원 2015.10.07 2015고단3293

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

On July 24, 2015, at around 00:52, the Defendant discovered that the victim C (here, 36 years of age) returned home in the Gangseo-gu Seoul Metropolitan Government B apartment, entered the said apartment with the victim 1103 unit, and subsequently, committed an indecent act by the victim, who was waiting for the elevator, as he was in his hands, as he was in the custody of the victim.

Summary of Evidence

1. Statement by the defendant in court;

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

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 sentence of punishment under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order (Scope of Recommendation) is based on the general standard of sentencing [Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order] and there is no basic field (6 to 2 years of age) of the crime of indecent act by force (6 to 13 years of age) [decision of sentence] [Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order] [Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order] The execution of the above sentence shall be suspended by taking into account

Where a judgment of conviction against a defendant on the criminal facts in the judgment that are subject to registration and submission of personal information becomes final and conclusive, 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 a related agency pursuant to

The defendant's age, occupation, risk of recidivism, type, motive, process, seriousness of the crime in this case, the degree of disadvantage and anticipated side effects of the defendant's entrance due to an order to disclose or notify personal information, the preventive effect and effect of the sexual crime subject to registration to be achieved due to such order, the effect of the protection of the victim, and the favorable circumstances as seen above shall be comprehensively considered.