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(영문) 서울남부지방법원 2015.01.12 2014고단3548
강제추행
Text

A defendant shall be punished by imprisonment 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 May 28, 2014, at around 05:55, the Defendant, while drinking alcohol to the victim D (V, 45 years of age) who walked on the road in Gangseo-gu Seoul Metropolitan Government, but refused to do so, the Defendant: (a) led the victim’s knick, leading the victim’s knick, leading the victim’s knick, leading the victim’s knick on one occasion, leading the victim’s knick on the hand, leading the victim’s knick on one occasion.

Summary of Evidence

1. The defendant's legal statement;

1. Application of the Acts and subordinate statutes governing the legal statement of victim D;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

1. Article 62 (1) of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing following the suspended sentence);

1. In light of the details, etc. of each of the instant offenses under Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the community service order and the order to attend a lecture, the sentence shall be imposed as ordered by taking into account the following factors: (a) while the indecent act was committed in a manner unfavorable to the Defendant, such as: (b) the commission of the indecent act was led to his/her hands, and the Defendant did not have any record of crime; (c) the commission of the violent act was punished in 2010; and (d) the Defendant’s age, character and conduct, family environment, etc. was all imposed.

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

The 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 due to the disclosure order or notification order of registered information, and the registration that can be achieved due to such order.

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