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(영문) 서울서부지방법원 2020.02.12 2019고단3722
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 June 14, 2019, at around 03:30, the Defendant: (a) 03:30 on the front day of the C main shop located in Mapo-gu Seoul Metropolitan Government, and (b) her frighted with the victim D (n, 25 years of age) who was out of the main shop where he intends to smoke, and her frighted to talk with the victim, and then she was frighted with both arms behind the victim, etc.; (b) she was frighted with the victim’s body by leaving the body, and she was frightd with the victim’s left fright and fright, and she committed an indecent act against the victim by putting the victim’s fright and fright.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of CCTV-related Acts and subordinate statutes;

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 proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to attend a lecture (limited to special circumstances in which an order to attend a lecture cannot be imposed, if it is difficult to expect an effect of preventing recidivism through an order to attend a lecture because the accused

1. The degree of indecent act committed on the grounds of sentencing in the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is subject to employment restriction order, is not weak: Provided, That the defendant's age, character and behavior, environment, motive, means and consequence of the crime in this court, and the sentencing conditions as shown in the records and arguments of this case, including the circumstances after the crime, shall be determined by taking into account the following factors:

Where a conviction becomes final and conclusive on the criminal facts in the judgment that are subject to registration and submission of personal information, the accused is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the head of a related agency pursuant to

An order of disclosure or notification.

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