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(영문) 서울서부지방법원 2018.10.17 2018고단2810
강제추행
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 24, 2018, at around 02:00 to 03:00, the Defendant committed an indecent act by force against the victim by putting the victim’s chest back within “G” located on the 1st underground floor of Yongsan-gu Seoul Metropolitan Government, Yongsan-gu, Seoul, and following the victim’s H (n.e., 19 years of age) on his/her own hand, and getting back to the toilet by getting out of the victim’s home, and then she returned to the toilet by getting back to the victim’s home, she was in charge of the victim’s chest back in his/her breast, and her finger back in his/her finger, and her knife was added to the victim’s knife, and she committed an indecent act by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Application of Acts and subordinate statutes to investigation reports (the victim's friendship I and currency that he/she did to a club together with the victim);

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

1. Selection of imprisonment with prison labor chosen;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Considering the circumstances, such as the violation of his/her mistake while recognizing the crime, the fact that he/she does not want the punishment of a defendant under an agreement with the victim, and the fact that he/she has no record of punishment other than a single type of fine);

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. In full view of the following circumstances: (a) the proviso to Article 56(1) of the Act on the Protection of Juveniles against Sexual Abuse against Children and Juveniles against whom an employment restriction order is exempted: (b) the effect of preventing recidivism is expected to be effective by the registration of personal information and an order to attend a lecture for treatment of sexual assault; and (c) the Defendant’s age, environment, occupation, benefits expected by an employment restriction order and the effect of preventing sex crimes; and (d) the disadvantage and anticipated side effects of the Defendant, there are extenuating circumstances where the Defendant’

I think)

Where the conviction of this case 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 personal information is personal information in a related agency pursuant to Article 43 of the same Act.

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