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(영문) 서울서부지방법원 2015.07.15 2015고합98
준강제추행
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

At around 22:30 on April 17, 2015, the Defendant discovered that the victim E (here, 26 years of age) kid in front of “D” located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, was able to commit an indecent act against the victim when he discovered that the victim E (here, 26 years of age), kidsing the snow, leaving the body, and was seated in India, and that he/she continued to have the victim’s right hand by approaching the victim, with the victim’s right hand, and continue to have the inside of the victim’s paper and buckbucks.

Accordingly, the defendant committed an indecent act against the victim by taking advantage of the victim's refusal to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E and F;

1. Application of Acts and subordinate statutes to investigation reports (related to the extraction ofCC-TVs);

1. Relevant Articles of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the crimes;

1. Article 62 (1) of the Criminal Act (The following circumstances shall be considered in light of the reasons for sentencing);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Where a conviction of a sexual crime subject to the registration of personal information becomes final and conclusive on the grounds of the following circumstances: (a) Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the Disclosure Order and Notification Order; (b) Articles 49(1) proviso and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse [the Defendant’s age, occupation, family environment, social ties, criminal records, and the risk of recidivism (not previous) recognized as recorded; and (c) profits and preventive effects expected by the disclosure order or notification order of this case; and (d) disadvantages and side effects arising therefrom, there are special circumstances that need not disclose or notify the Defendant’s personal information; and (d) Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is subject to registration of personal information pursuant to Article 43 of the same Act.

1. Reasons for sentencing.

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