logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2014.09.26 2014고합209
강제추행
Text

1. The defendant shall be punished by imprisonment for six months;

2. The defendant shall be ordered to complete a program for treating sexual assault for 40 hours.

3.

Reasons

Punishment of the crime

1. On December 5, 2013, the Defendant of criminal records was sentenced to imprisonment with prison labor for an injury at the Seoul Western District Court for six months, and is currently under the suspension of the execution of two years.

2. Around 01:00 on May 11, 2014, the Defendant discovered the victim H (n, 26 years of age) who was walking in front of the G coffee shop in Mapo-gu Seoul, Seoul, and tried to sing the victim’s h (n, 26 years of age), sing the victim’s horse hingingly, and sing the victim’s hingingly with left hand.

Accordingly, the victim of play rans his finger while avoiding the defendant, and the defendant subsequently committed an indecent act by force against the victim by reporting that the victim gets off the room, and again making the victim am her left hand, with the victim's left hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H and I;

1. Investigation report (report on telephone statements made from victims about the indecent conduct);

1. Application of the Acts and subordinate statutes to photographs and medication;

1. Article 298 of the relevant Articles of the Criminal Act and the selective punishment, and the choice of imprisonment;

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure and Notification Orders; 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 (in light of the effect of the Defendant’s above-mentioned punishment through the punishment of this case, it is not likely that a sexual crime would not be committed easily; in the instant case, personal information registration and completion of sexual violence program alone would have an effect to prevent recidivism of the Defendant; and in full view of the benefits and effects expected by the disclosure order or notification order of this case, and the disadvantages and side effects therefrom, it is deemed that there are special circumstances under which the Defendant’s personal information should not be disclosed or notified).

arrow