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(영문) 서울남부지방법원 2018.11.16 2016고단2029
강제추행
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of imprisonment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 16, 2016, between 08:05 and 08:10 on May 16, 2016, the Defendant: (a) followed by approximately 100 meters away from the victim E (here, 32 years of age) who was coming from D’s road in front of Guro-gu Seoul, Guro-gu, Seoul, about 10 meters, followed by the victim E (here, 1).

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

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of photographs and investigative reporting Acts and subordinate statutes;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 16(2) and Article 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Social Service or Order to Attend shall take into account the methods, details, etc. of the instant crime on the grounds of sentencing. In addition, the sentence identical to the order shall be imposed by taking into account the following factors: the Defendant’s previous conviction relation, criminal history, age, sexual conduct, environment, family relationship, circumstances after the commission of the crime, etc.

When a conviction on a crime in the judgment that is a sex offense subject to registration and submission of personal information becomes final and conclusive, the defendant is 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 the relevant agency pursuant to Article 43

In full view of the Defendant’s age, occupation, criminal record, risk of recidivism, type of the instant crime, motive, process of the crime, age of the victim, relationship with the victim, degree and anticipated side effects of the Defendant’s disadvantage and anticipated side effects, registration of personal information, order to complete a program or order to attend a course, the effect of protecting the victims, etc., there are special circumstances in which the disclosure of personal information, order to disclose or notify personal information, and order to restrict employment should not be issued.

Since it is judged, each of the above orders is not ordered against the defendant.

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