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(영문) 서울서부지방법원 2020.05.08 2020고단468
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 January 26, 2020, at around 02:06, the Defendant committed an indecent act against the victim D (A) who was employed as an employee of the said club at the “C” club located in Mapo-gu Seoul, Mapo-gu, Seoul, on his hand, at the victim D (A) who was employed as an employee of the said club.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the statutes governing on-site CCTV CDs;

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Taking into account the fact that the defendant recognizes the crime and the fact that there is no criminal record in the Republic of Korea);

1. The proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to attend a lecture (limited to special circumstances in which an order to attend a lecture cannot be imposed, if it is difficult to expect an effect of preventing recidivism through an order to attend a lecture because the accused

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the accused 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 head of a related agency

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entry, prevention of the sex offense subject to registration that can be achieved therefrom, and the effect of protecting the victims thereof, etc., it is determined that there are special circumstances that the disclosure of personal information should not be disclosed or notified. Thus, Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and the protection of children and juveniles against sexual abuse.

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