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(영문) 서울서부지방법원 2015.12.10 2015고단216

강제추행등

Text

A defendant shall be punished by imprisonment for six 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

1. The Defendant, at around December 28, 2014, committed an indecent act by force against a female by force by putting the face of the victim E (A, E, 25) who passed before the Defendant at a “D” club located in Yongsan-gu Seoul Metropolitan Government around December 28, 2014, with both descendants and one time.

2. The Defendant injured the victim by assault and injury was able to resist the Defendant at the time and place specified in paragraph 1, and the victim was able to receive approximately three weeks of her right knives from the victim when she resisted the Defendant.

Summary of Evidence

1. Each legal statement of witness E and F;

1. A written diagnosis of injury;

1. Application of the photographic Acts and subordinate statutes;

1. Articles 298, 262, 260(1), 257(1) and 257(1) of the Criminal Act applicable to the crime in question;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. When a conviction of a crime of indecent act by compulsion on the judgment that constitutes a sex crime subject to registration and submission of personal information under Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 62-2 of the Criminal Act 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 obliged to submit

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, motive of the crime, method of the crime, seriousness of the crime, degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure order or notification order, the prevention of sexual crimes subject to registration which may be achieved therefrom, and the effect of protecting the victims thereof