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(영문) 서울북부지방법원 2015.02.04 2014고단4438
강제추행
Text

A defendant shall be punished by imprisonment for six 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 November 3, 2014, at around 21:55, the Defendant: (a) reported the victim B (here, 20 years of age) who walked on the street in front of the Jung-gu Seoul Central Bank, Jung-gu, Seoul, 404, and led the victim to get out of the victim’s left side by taking the victim’s back, and (b) took the victim’s left side back by taking the victim’s back, and then, (c) took the slurf to prevent the victim’s front and surbling, and using both words without reporting on both horses in good hands, and (d) led the victim to indecent act against the victim’s will.

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. The sentencing reason of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Defendant has the record of being sentenced to a fine for obscenity as a crime of obscenity, and the accused does not agree with the victim; on the other hand, the degree of indecent act is minor and rebuttal; and other circumstances including the Defendant’s age, character and conduct, family relation, motive, means and result of the crime, and the circumstances after the crime are determined as ordered

Where a conviction becomes final and conclusive on a criminal fact in the judgment that is a sex offense subject to registration and submission of personal information, 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 agency pursuant to

The defendant's age, occupation, risk of recidivism, contents and motive of the crime, method and seriousness of the crime, the degree of disadvantage and anticipated side effects of the defendant's suffering due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which can be achieved due to such order, and the protection effect of the victim shall be comprehensively considered.

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