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(영문) 서울남부지방법원 2018.10.12 2018고단3288
강제추행
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On April 18, 2018, around 09:20 on April 18, 2018, the Defendant found the victim D (29 years of age) who intends to move to the central passage of a sexual party in order to be unconstitutional, and committed an indecent act by force against the victim in a way that the victim himself/herself gets her her her her her her her her her her her her her her her her t

2. On May 20, 2018, at around 09:00, the Defendant: (a) was seated on the side of the victim E (the 24 years old); (b) the victim’s right-hand hand, and (c) the victim’s right-hand hand bucks, and (d) “Iskhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnnn

As a result, the defendant forced the victim to commit an indecent act.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D and E;

1. Relevant Article 298 of the Criminal Act, the choice of punishment, and the choice of imprisonment for a crime;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Orders to observe and attend lectures, Article 62-2 of the Criminal Act, Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. The sentencing of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse on the Protection of Children and Juveniles against whom an employment restriction order is placed shall take into account the methods, contents, and frequency of each of the instant offenses, the criminal records, etc., and considering the following factors: the Defendant’s age, dementia symptoms, etc., health conditions including dementia, and the fact that the Defendant is against himself/herself; and the Defendant’s personality and conduct, environment, family relationship, circumstances after the commission of the offense, etc.; and

When a conviction on each crime is confirmed on the judgment that is a sex offense subject to registration and submission of personal information, the accused shall be punished as a sexual crime.

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