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(영문) 서울남부지방법원 2013.08.27 2013고단1959
강제추행
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

On March 26, 2013, at around 20:30 on March 26, 2013, the Defendant used the subway line 1 lines in Dongdaemun-gu Seoul Metropolitan Government Seoul Metropolitan Government, in front of the toilet for Cheongyang Station 1 lines, and Dara and the shoulder of the victim were hicked to the victim B (the 30 years of age) by hand, and committed an indecent act by force against the victim in accordance with the victim's scke.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement No. B

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

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

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. The reason for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by Indecent Act by compulsion on August 13, 2007, the Defendant committed the instant crime even though he had been sentenced to six months of imprisonment due to the crime of indecent act by compulsion on August 13, 2007, and two years of suspended execution. The degree of indecent act by the instant crime, the Defendant’s confession of the instant crime, and the circumstances, means, methods, and outcome of the instant crime, etc.

Where this judgment becomes final and conclusive, the accused is a person subject to registration of personal information pursuant to 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 head of the competent police office pursuant to Article 43 of the same

An order for disclosure or notification of registered information with regard to an order for disclosure or notification of registered information is required to be careful in that it may seriously affect the defendant, and in this case, it is judged that there are special circumstances that the disclosure of personal information by the defendant is prohibited, such as the fact that the registration of personal information alone appears to have an effect to prevent recidivism. Thus, an order for disclosure or notification of registered information is not issued.

It is so decided as per Disposition for the above reasons.

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