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(영문) 서울중앙지방법원 2013.03.22 2012고단6979
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 two years from the date of the final judgment.

Reasons

Punishment of the crime

At around 23:00 on October 27, 2012, the Defendant discovered the victim D (bee 25 years of age) in front of Seongbuk-gu Seoul, Seoul, and committed an indecent act by force against the victim, such as taking the victim's arms, when the victim intending to get the victim's arms, and when the victim escaped in the course of the victim's arm's length, the victim and the victim's arms were unfolded, and then the victim's face were taken up to the nearby knife parking lot so long as the knife knife knife knife knife knife knife knife knife knife knife knife knife knifss

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 298 of the Criminal Act applicable to the crimes;

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

1. Where a conviction against a defendant is finalized in regard to the criminal facts subject to registration of personal information on a sexual crime subject to registration under Article 62-2 of the Criminal Act and Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the defendant is a person subject to registration of personal information under Article 32(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and is obligated to submit

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence and seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to such order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims thereof, etc., the disclosure order or notification order shall not be issued to the Defendant, on the grounds that there are special circumstances under which personal information may not be disclosed pursuant to the proviso of Article 37(1) and the proviso of Article 41(1) of the Act on Special Cases Concerning the Punishment, etc

The defendant reflects his fault in sentencing.

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