logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.05.25 2018고단1252
강제추행
Text

A defendant shall be punished by imprisonment for four months.

The defendant shall order the completion of a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On October 21, 2017, at around 21:04, the Defendant forced the victim to buy and calculate ice cream within “D” operated by the Defendant located in Jung-gu Seoul Metropolitan Government, by making conversations with the victim E (n, 27 years of age) who intends to buy and calculate ice cream, with the victim’s hand, and by holding the victim’s hand and arms, with the victim’s hand, and continuously holding the knee in the kneter, and by attracting the victim into the knee part of the victim’s kne and bringing the victim into the kne part of the victim’s arms.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of reference witnesses by the prosecution for E (tentative names);

1. Statement made by the police with regard to F;

1. Application of CCTV video CD-related Acts and subordinate statutes to crimes;

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

1. If a conviction on the crime of this case, which is a sex crime subject to the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, becomes final and conclusive, the defendant 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

In light of the Defendant’s age, occupation, risk of recidivism, type and motive of the instant crime, process of the instant crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order, prevention of the sex offense subject to registration that may be achieved therefrom, and the effect of protecting the victims, there are special circumstances in which the disclosure of personal information may not be disclosed.

Therefore, pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, any order to disclose or notify to the accused shall not be issued.

The reasons for sentencing are as follows.

arrow