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(영문) 서울서부지방법원 2015.03.12 2014고단2001
강제추행
Text

A defendant shall be punished by imprisonment for four months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On August 10, 2012, the Defendant was sentenced to ten months of imprisonment by violating the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) at the Seoul Northern District Court (hereinafter “Seoul Northern District Court”) and completed the execution of the sentence on September 9, 2013.

On June 16, 2014, around 08:40 on June 16, 2014, when the Defendant wishes to enter the entrance into the toilet from the entrance of the subway No. 4 of the subway No. 405 located in Yongsan-gu Seoul Station, the Defendant committed an indecent act by force against the victim by forcing the victim by putting the victim’s arms onto the Defendant by the defect that “I am am sweet, and am sweet.”

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Scenes photographs of the CCTV screen at the scene of the crime;

1. Previous convictions: Application of Acts and subordinate statutes to criminal records and investigation reports (period of repeated crime of a suspect);

1. Article 298 of the Criminal Act applicable to the crimes;

1. Article 35 of the Criminal Act among repeated crimes;

1. Where a conviction on a sex offense subject to registration becomes final and conclusive in the judgment that constitutes a sex offense subject to registration, etc. under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, 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

In light of the Defendant’s age, occupation, risk of repeating a crime, motive, method of a crime as indicated in the judgment, seriousness of the crime, the degree and expected side effects of the Defendant’s entrance due to an order to disclose or notify personal information, the prevention of sexual crimes subject to registration and the effect of protecting the victims thereof, etc., the personal information shall not be disclosed or notified in accordance with Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse.

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