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(영문) 서울서부지방법원 2014.09.02 2014고합178
강제추행치상
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

On June 25, 2014, at around 05:10, the Defendant found the victim C (the 24 years old), who returned home on the street of Mapo-gu Seoul Metropolitan Government 342-18 Seocho-dong 342-18, and tried to drive away from the victim, and then the victim was pushed down with the victim's body by cutting down his hand over the victim's body, leaving the victim's hand into the victim's kits, and forced the victim to commit an indecent act by force. During that process, the Defendant sustained the victim's check such as the part of the elbow, etc., which requires treatment during the period of influencing.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police preparation C;

1. Investigation reports on police preparation (in-depth investigations, CCTV screen investigations, etc.);

1. Application of each statute of examination of evidence;

1. Relevant Articles of the Criminal Act and Articles 301 and 298 of the Criminal Act concerning the crime;

2. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

3. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing).

4. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

5. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse / The proviso to Article 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse no history that a defendant has been punished for the same sexual crime before the instant crime was committed, and the instant crime was committed one time under the influence of alcohol by a defendant, and the defendant has the recidivism of a sexual crime.

As it is difficult to deem that there is a risk of recidivism or that there is no substantial need to impose security measures such as an order to disclose and notify personal information, and ② Defendant’s personal information is disclosed and notified.

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