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(영문) 서울동부지방법원 2019.09.19 2019고단1975
강제추행
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On May 4, 2019, at around 19:30, the Defendant discovered the victim D (one, two-five years of age) located on the rear of the bus in order to get off the bus at the bus stops in Songpa-gu Seoul, Songpa-gu, Seoul. On May 4, 2019, the Defendant committed an indecent act against the victim's will by force against the victim's will, as the victim's left hand turns on one time.

Summary of Evidence

1. Defendant's legal statement;

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

1. Where Article 16 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Etc. of Sexual Crimes becomes final and conclusive, the accused is a person subject to registration of personal information pursuant to 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 pursuant to Article 43

In full view of the defendant's age, occupation, risk of recidivism, type of crime in this case, motive, process of crime, disclosure and notification order, the degree of disadvantage and expected side effects of the defendant's entrance, prevention of sex crimes subject to registration that can be achieved thereby, and the protection effect of the victim, etc., it is judged that there are special circumstances that need not disclose and notify personal information pursuant to Article 47 (1) and 49 (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, proviso of Article 49 (1) and proviso of Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

When comprehensively considering the age of the defendant exempted from the employment restriction order, family environment and social relation, records of the crime, details and motive of the crime, method and consequence of the crime, risk of recidivism, disadvantage of the defendant resulting from the employment restriction order and preventive effect of the sex crime that can be achieved therefrom, etc.

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