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(영문) 서울동부지방법원 2020.04.09 2019고단3711

강제추행

Text

A defendant shall be punished by imprisonment for not less than eight 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 November 5, 2019, at around 22:38, the Defendant committed an indecent act by force against the victim, such as finding the victim D (here, 27 years of age) who kids around C in Gwangjin-gu Seoul Special Metropolitan City, and kiding the victim with his own hand while following the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes to investigation reports (verification of private CCTV images);

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

1. Article 62 (1) of the Criminal Act ( considered as the following favorable circumstances):

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to the registration and submission of personal information under the main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused 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 personal information to the relevant agency

In full view of the information disclosure order, notification order, the defendant's age, occupation, risk of recidivism, the type of the crime in this case, the process of the crime, disclosure order, notification order, the degree of disadvantage to the defendant's entry and the effect of preventing sexual crimes subject to registration that may be achieved therefrom, the protection of the victim, etc., the disclosure order, notification order, notification order, and employment restriction order shall not be issued against the defendant pursuant to 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, etc. of Children and Juveniles against Sexual Abuse, the proviso to Article 50 (1), the proviso to Article 56 (1), the proviso to

The circumstances that are disadvantageous to the reasons for sentencing: A favorable condition that does not receive a letter from the victim: the defendant recognizes and reflects his/her crime, and the defendant is punished for the same kind of crime.