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(영문) 서울중앙지방법원 2019.06.21 2018고단8066
준강제추행
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 July 6, 2018, around 12:30 on July 6, 2018, the Defendant committed an indecent act against the victim’s sexual organ D(27 years old) who was divingd in the male resting room on the first floor of the Seoul Jung-gu, Seoul, by promptly entering the sexual organ of the victim D(27 years old).

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to requests for appraisal, reports on genes and written gene appraisal;

1. Article 299 of the Criminal Act and Articles 299 and 298 of the Criminal Act, the choice of imprisonment for a crime;

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. Where a conviction on a sex crime subject to registration becomes final and conclusive in the judgment that is subject to the obligation to register and submit personal information under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, 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 the accused is obligated

In full view of the Defendant’s age, occupation, risk of recidivism, motive for and method of committing the instant crime, seriousness of the consequence and crime, disclosure notification and employment restriction order, the degree and expected side effects of the Defendant’s disadvantage and expected side effects to be achieved therefrom, the prevention and effect of sexual crimes subject to registration that may be achieved therefrom, the proviso 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), the proviso to Article 56(1), and the proviso to Article 59-3(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse, the Defendant shall not be subject to disclosure or notification of personal information or shall not be limited to employment. Thus, the Defendant shall not be issued a notification or employment restriction order.

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