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(영문) 서울남부지방법원 2019.02.15 2018고단5874

준강제추행등

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

The defendant shall be ordered to complete 40 hours of sexual assault treatment programs.

Reasons

Punishment of the crime

On September 8, 2016, the Defendant sentenced the Seoul Northern District Court to one year of imprisonment for a quasi-indecent act by force, and completed the execution of the sentence on May 29, 2017.

I. At around 03:40 on November 7, 2018, the Defendant, “C” located underground in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, 2018, set soup and set soup on the side of the victim D (the age of 31), who was divingd, and laid his hand out as a part of the victim’s body.

Accordingly, the defendant committed indecent acts against the victim by taking advantage of the victim's non-performance situation.

Ⅱ On July 18, 2014, the Defendant of the Seoul Central District Court sentenced 8 months of imprisonment and 2 years of suspended execution to a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts at Open Place) at the Seoul Central District Court on July 18, 2014, the Defendant is a person subject to the registration of personal information for which the judgment became final and conclusive on July 26, 20

A person subject to the registration of personal information shall submit basic personal information, such as address, actual place of residence, contact address, occupation, workplace, vehicles, etc., to the head of a police agency having jurisdiction over his/her domicile, and where basic personal information is changed, he/she shall submit the reason and details of change to the head of a police agency having jurisdiction

Although the Defendant had changed his/her domicile and actual place of residence from the Gyeonggi-do Government Si E to the Gyeonggi-do Government SiF on March 23, 2018, the Defendant did not submit the said changed personal information and the reasons therefor to the head of the police office having jurisdiction over his/her domicile, by April 12, 2018, which is the deadline for submission, without justifiable grounds.

Summary of Evidence

1. The defendant's legal statement (2018 Highest 5874 part), part of the defendant's legal statement (2018 Highest 6351 part);

1. The English statement of the victim and the written statement of the victim;

1. Each report on investigation;

1. Investigation report (examination and report on whether a repeated crime is committed), current status of individual accommodation, application of written rulings and statutes;

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

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