(영문) 서울중앙지방법원 2013.05.01 2012고단7303

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(영문) 서울중앙지방법원 2013.05.01 2012고단7303

강제추행

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

At around 18:20 on September 2, 2012, the Defendant committed an indecent act against the victim by: (a) reporting the victim D (24 years of age) who was going to satis together with his mother in front of the C retail shop in the plaza of the Seoul Jung-gu Seoul Metropolitan Government Office, which is located in 110; and (b) making the victim’s rear satis by inserting her knick with the victim’s knick knick knick knick knick, thereby forcing the victim to force the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant is divided into his mistake, and is currently receiving mental treatment through the care of his family, and there are no special criminal records except once before and after the judgment of the fine, and other various sentencing conditions such as the defendant's age, character and behavior, family environment, motive and method of the crime, and circumstances after the crime shall be determined as the order.

As a defendant becomes subject to registration of personal information when the judgment of conviction on the crime of this case against the defendant to be submitted becomes final and conclusive, he/she is obligated to submit his/her personal information to the chief of a police agency having jurisdiction

(Article 32(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes: Provided, That an order to disclose personal information and an order to disclose such information shall be exempted inasmuch as the defendant has no same power, and considering the degree of indecent act, etc., there are special circumstances to not disclose personal information

(The proviso of Article 37 (1) and the proviso of Article 41 (1) of the same Act)

참조조문

-성폭력범죄의 처벌 등에 관한 특례법 제32조 제1항

-형법 제62조 제1항

-형법 제298조

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