logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2014.12.16 2014고합316
강제추행
Text

1. The defendant shall be punished by imprisonment for one year;

2.Provided, That the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 31, 2014, at around 05:05, the Defendant reported that the victim D (Woo, 23 years of age) walked on the street in front of Mapo-gu Seoul, Mapo-gu, Seoul, the Defendant said that “Aar, Ear, Ear, Ear, Ear, Ear, Ear, Ear, Ear, I am.” The Defendant committed an indecent act by force, by his hand, on the upper part of the victim’s left chest part once.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to written statements concerning D preparation of an assistant judicial police officer;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

2. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing).

3. Article 62-2 (1) of the Criminal Act of the Probation Order.

4. Article 62-2 of the Criminal Act; Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

5. An order to disclose or notify information to the public is not imposed under Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse / [the instant crime is committed in a dynamic and friendly manner by the Defendant under the influence of alcohol, and the type of force and the degree of indecent act committed by the Defendant in the course of the crime committed by indecent act is considerably weak, so it is difficult to deem that the Defendant has a habit of sexual crime or is in danger of recidivism, and thus, there is no need to impose security measures such as the order to disclose or notify personal information on the Defendant. ② When disclosing or notifying the Defendant’s personal information, the degree of infringement on the legal interest of the Defendant is significantly high” (see, e.g., Supreme Court Decision 2011Do1683, Feb. 23, 2012).

1. The scope of recommendations according to the sentencing criteria;

arrow