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(영문) 서울동부지방법원 2017.05.19 2017고단691

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 9, 2017, the Defendant committed an indecent act on the part of the victim D (a name, a female, 21 years old) who is taking a punishment after taking out his sexual organ out of the c, around 02:38, the Defendant committed an indecent act by force against the victim, such as rain on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to D;

1. E statements;

1. Application of Acts and subordinate statutes to report internal investigation (on-site inspection and CCTV analysis and investigation);

1. Article 298 of the Criminal Act and the choice of punishment for the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;

1. Where a conviction of an indecent act committed against a sex offender subject to registration and submission of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is finalized, the accused is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

In comprehensively taking into account the Defendant’s age, occupation, risk of recidivism, motive for committing the instant crime, method of committing the instant crime, seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, the effect of the protection of the victim, etc., there are special circumstances in which the disclosure of personal information may not be disclosed pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse.

Since it is judged, no order of disclosure or notification shall be issued to the defendant.

The fact that there is the same criminal history of sentencing, the fact that there is no agreement with the victim, the fact that there is no tangible force accompanying the forced indecent act, and the defendant.