logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2016.09.20 2016고단1814
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 26, 2016, the Defendant: (a) around 03:15 on May 26, 2016, the Defendant: (b) the Victim D (Influence, 24 years old) located within the main point of “C” located in Gwangjin-gu Seoul Special Metropolitan City, and (c) whether the Defendant was not influence of the Defendant’s mind

In this regard, the victim forcedly committed an indecent act on the part of the victim, such as inducing the victim's hand, opening the door into the victim's room room, attracting the victim's hand, and gathering the hand into the victim's chest, and exposing the victim's chest into the victim's chest.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes to photographs by 1 CDs (on-site CCTV) and by cutting CCTVs;

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 community service order under Article 62-2 of the Criminal Act;

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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 competent agency pursuant to Article 43 of the same Act.

In light of the Defendant’s age, occupation, risk of repeating a crime, details 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, the preventive effect and effect of the sexual crime subject to registration which may be achieved, and the effect of the protection of the victim, there are special circumstances under which the disclosure of personal information may not be disclosed.

Since it is judged, it is not ordered to disclose or notify the defendant.

Reasons for sentencing

1. The sentencing criteria;

arrow