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(영문) 서울동부지방법원 2019.02.01 2018고합328
준강제추행등
Text

A defendant shall be punished by imprisonment for one year.

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 October 28, 2018, at around 08:20, the Defendant discovered that the victim D (at the age of 21) was locked in a sobry soup, so called “C” located in Gwangjin-gu Seoul Special Metropolitan City, Seoul, the Defendant came to have the victim’s her sexual organ in the victim’s her m and her m and her mar in the victim’s her m and her mar, and then brought the victim into the two mar.

Accordingly, the defendant committed an indecent act on the part of the victim who was unable to resist due to sleep.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

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

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 extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation and Order to Attend Courses;

1. In light of the following: (a) Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders; (b) the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (in light of the fact that a defendant is both aware of and against his/her own criminal act; (c) the registration of personal information of the defendant against the defendant; (d) taking lectures in sexual assault treatment courses; and (e) probation alone, it appears that the effect of preventing recidivism can be given to a certain extent. In addition, in light of all the circumstances, such as the defendant’s age, family environment, social relationship, etc., the effect of preventing sexual crimes, which can be achieved by the defendant’s disclosure and notification order compared to the disadvantages and anticipated side effects

1. As to the facts constituting a crime of registering personal information under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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