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(영문) 서울중앙지방법원 2021.03.24 2020고단7100
강제추행
Text

A defendant shall be punished by imprisonment for four 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 16, 2020, around 17:37, the Defendant opened a visit from the philosophical library of the Defendant’s operation of the building C in Gwanak-gu, Seoul Special Metropolitan City, to the victim D (at 26 years of age) who was a guest, and opened a room, and the victim refused to do so, and the victim called “I son I son I son I son I son I son I son I son I son I would like to attract the victim more than once even though the victim refused to do so.

Accordingly, the defendant committed an indecent act against the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

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

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Protection and Observation and the Punishment, etc. of Sexual Crimes against Sexual Crimes;

1. Where a judgment of conviction becomes final and conclusive on the criminal facts stated in the judgment that a child or a juvenile subject to employment restriction should register and submit personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 1738, Jun. 2, 2020); Article 2 of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020); the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on

In full view of the Defendant’s age exemption from the disclosure order and notification order, the type, motive, process of the instant crime, the degree and anticipated side effects of the Defendant’s disadvantage due to the instant order, the prevention of the sex offense subject to registration that may be achieved therefrom, and the effect of protecting the victims, there are special circumstances that should not disclose and notify the Defendant’s personal information.

The decision is judged.

Therefore, Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and Article 47(1) of the former Act on the Protection of Juveniles against Sexual Abuse.

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