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(영문) 서울중앙지방법원 2014.06.20 2014고단1641
강제추행
Text

A defendant shall be punished by imprisonment for not less than eight 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 November 18, 2013, at the main point of Defendant E, located in Seocho-gu Seoul Metropolitan Government on November 18, 2013, the Defendant joined with the victim F (V, 23 years of age) who was a guest, and talked with the victim F (V, she was able to drink and talk with the victim. On the part of the victim, the Defendant collected her hand with the victim’s clothes, her bl and her blance were flock, and the Defendant forced the victim to drive her ki on the toilet, and forced her to commit an indecent act.

Summary of Evidence

1. Defendant's legal statement;

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

1. Relevant Article of the Criminal Act and Article 298 (Selection of Imprisonment)

1. Article 62 (1) of the Criminal Act;

1. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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 a competent agency pursuant to Article 43

In light of the Defendant’s age, occupation, risk of repeating a crime, content and motive of the crime, method and seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the protection effect of the victim, etc., the disclosure order or notification order shall not be issued to the Defendant, on the grounds that there are special circumstances where the disclosure or notification of personal information may not be disclosed or notified.

The reason for sentencing [Scope of Recommendation] General Standard of the Punishment of Indecent Act by Indecent Acts (subject to the age of 13) is that the mitigation area (one month to one year) (special mitigation person) (special mitigation person) is not subject to punishment (decision of sentence], and the defendant has already been sentenced to suspended sentence due to the same kind of criminal record.

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