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(영문) 서울서부지방법원 2017.09.12 2017고단220
강제추행
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On October 22, 2016, around 23:30 on October 22, 2016, the Defendant reported the victim E (hereinafter “D”) at the “D” club located in Yongsan-gu Seoul Metropolitan Government C2, with the mind of forcing the victim to commit an indecent act, and followed by the victim, the Defendant used the victim’s knbbbbbbs between the victim’s buck and knbbbbs, and committed an indecent act by force on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness E;

1. Application of Acts and subordinate statutes to the protocol of examination of witness to G;

1. Relevant Article of the Criminal Act and Article 298 of the Criminal Act concerning the crime. Article 298 (Selection of Punishment of Imprisonment);

1. Article 62(1) of the Act on the Suspension of Execution does not require a strict punishment of the Defendant in light of the following: (a) the Defendant’s liability is not less severe in light of sexual humiliation or mental impulse that she sworn up with the cause of sentencing under Article 62(1) of the Criminal Act; and (b) the Defendant’

However, considering the fact that the defendant has no record of criminal punishment in Korea, a contingent crime under the influence of alcohol, the defendant wishes to return home with his/her family, the defendant's age, sexual conduct, environment, motive and circumstance of the crime, circumstances after the crime, etc., various sentencing conditions specified in the arguments in this case shall be determined as ordered.

In light of the fact that the defendant is a foreigner and has no ability to use the Korean language, the defendant is not subject to an order to attend a course or to complete a program under the proviso to Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, on the ground that there are special circumstances where the defendant is unable

Where a conviction against a defendant is finalized on the criminal facts in the judgment of a sexual crime subject to the registration of personal information, the defendant 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 relevant agency pursuant to Article 43 of the same

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