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(영문) 서울중앙지방법원 2013.11.27 2013고단3975
강제추행
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

1. On November 27, 2012, around 13:00 on November 27, 2012, the Defendant committed an indecent act against the victim by forcing him/her to use his/her own knife, and by forcing him/her to use knife the victim’s chest by using the victim’s knife, sitting and working at the office of the D company office operated by the Defendant in the fourth floor of the Seoul Gangnam-gu Seoul C building.

2. The Defendant, around 14:00 on December 11, 2012, at the street located in Gangnam-gu Seoul Metropolitan Government F, committed an indecent act on the part of the victim by forcing the victim to take advantage of the plastic finite finite finite fins and wallets that contain the goods purchased by both hands among the finites located in the vicinity of the D Company and the victim, and by forcing the victim to take advantage of the finite finite hand hand of the victim.

Summary of Evidence

1. Each legal statement of witness E and G (the defendant does not recognize facts constituting an offense, but the above witness's statements may be trusted);

1. Each police statement of E and G;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 298 of the Criminal Act concerning the facts constituting the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Where a conviction against a defendant on the crime of indecent act by compulsion in the judgment that constitutes a sex offense subject to registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012) 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 a related agency

The age, occupation, risk of recidivism, type, motive, process and seriousness of the crime in this case, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order, and the sexual crime subject to registration which can be achieved due to such order.

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