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(영문) 서울동부지방법원 2019.10.24 2019고단1459

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

The Defendant is a person working at the convenience store in Songpa-gu Seoul Metropolitan Government.

At around 21:40 on October 27, 2018, the Defendant: (a) 21:30 on the drinking room in Songpa-gu Seoul Metropolitan Government, and around 22:30 on the drinking room, the Defendant forced the Victim F (the name, the 36-year-old age) to use the Defendant’s left arms in hand with the Defendant’s hand at the seat of a line where he is dissatisfied with the former male-gu, without any reason; and (b) am under the influence of alcohol, without any reason, and used the Victim’s hand, and (c) was able to use the Victim’s left arms on the back of the victim’s back, and even though she was displayed behind the left arm’s length, the Defendant forced the Victim by force, such as by hand, who was in charge of several times the part of the Victim’s humba.

Summary of Evidence

1. Each legal statement of the witness F (alias), G and H;

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

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;

1. Where a conviction becomes final and conclusive due to the crime of indecent act by compulsion on the registration of personal information as stated in Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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 is obligated to submit personal information 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), the proviso to Article 50(1), and the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, comprehensively taking into account the following factors: (a) the Defendant’s age, occupation, risk of recidivism; (b) the type and motive of the instant crime; (c) the process of committing the instant crime; (d) the disclosure order; and (e) the degree of disadvantage the Defendant may be achieved by the order; and (e) the prevention of sexual crimes that may be achieved therefrom;