logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2019.08.12 2018고단4730
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 2, 2018, at around 09:30 on the street in front of the Seoul Metropolitan Government Housing Exhibition Center, the Defendant randdddddddddd the victim C (at the age of 19) who was walking a map as his hand, let the victim walk the map, let the victim close it, and collected the hand under the victim's half the part below the victim's panty, thereby committing an indecent act on the part of the victim's panty.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. A investigation report (ctv verification), CCTV video CD;

1. Voluntary report (the defendant's specific circumstances), the appearance of a suspect, and the application of Acts and subordinate statutes on clothes;

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Defendant are denying the crime, and the nature of the crime is not good in light of the other party to the indecent act, the father and method of the indecent act, etc. However, there is no criminal record of the Defendant, and there is no penalty record exceeding the fine, and the Defendant’s age, character and conduct, environment, health conditions, etc. are comprehensively taken into account all the sentencing conditions under Article 51 of the Criminal Act.

Where a conviction becomes final and conclusive on the facts constituting a crime in which personal information is registered and submitted, the accused is a person subject to registration of personal information pursuant to the main sentence of Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus is obligated to submit personal information to the competent agency pursuant to Article 4

The defendant's age, occupation, criminal records, risk of recidivism, type, motive, process, seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage to the defendant's entrance due to the employment restriction order, the preventive effect of sexual crimes subject to registration, the effect of protecting the victim, etc. shall be comprehensively considered.

arrow