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(영문) 서울동부지방법원 2015.04.23 2014고단3247
강제추행
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

On October 3, 2014, at around 22:10, the Defendant reported the victim C (year 46) who returned home on the high tidelands of Seongdong-gu Seoul Metropolitan Government, and followed the victim, and opened the victim by sparing the victim and sparing the victim, and met with the victim's s part above the victim.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. C’s statement;

1. Application of Acts and subordinate statutes to a report on investigation and a report on investigation (at the time of the damage, attaching uniforms and photographs);

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. Grounds for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend education;

1. The basic area (six months to two years) of the sentencing criteria [the range of recommendations] general standards and the crime of indecent act by compulsion (the objects at the age of thirteen) and the basic area (the general form of indecent act by compulsion) of the first type;

2. Where a conviction becomes final and conclusive on the facts constituting a sex crime subject to registration, in consideration of the fact that there is no record of punishment for the defendant who has agreed to or has not recovered from damage, or all the sentencing factors indicated in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, the defendant 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 defendant is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

The age, occupation, risk of recidivism, contents and motive of the crime, method and seriousness of the crime, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order of personal information, the preventive effect and effect of the sexual crime subject to registration which can be achieved due to such order, and the protection effect of the victim.

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