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(영문) 서울남부지방법원 2018.11.02 2018고단2414
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 April 12, 2018, around 22:30 on April 12, 2018, the Defendant, following the victim E (M, 28 years of age) who walked along the paths before the point in Yeongdeungpo-gu Seoul Metropolitan Government D, committed an indecent act by force, by using the victim E (M, 28 years of age).

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of E;

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. The sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Defendant is based on the following factors: (a) the number of offenses in the instant case and the content thereof, the degree of damage to the victim, etc.; (b) the Defendant’s first offender who has no record of criminal punishment; and (c) the Defendant’s age, sexual conduct, environment, family relationship, circumstances after the commission of the crime, and all other factors on the records, including the circumstances after the commission of the crime,

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, risk of recidivism, type of crime, motive, process of crime, victim’s age, relationship with the victim, degree and expected side effects of the Defendant’s disadvantage due to the above order, registration of personal information, order to complete a program, or order to attend a course, the effect of preventing sexual crimes subject to registration that may be achieved only by issuing an order to disclose personal information, order to disclose personal information, or order to restrict employment, and the effect of protecting the victims, there are special circumstances in which such order shall not be issued.

Since it is judged, no order shall be issued against the defendant.

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