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(영문) 서울서부지방법원 2014.09.24 2014고단1247
강제추행
Text

A defendant shall be punished by imprisonment for four 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 May 14, 2014, around 17:05, the Defendant: (a) reported the victim E (here, 39 years of age) who walked along the street in the front of the D agency located in Eunpyeong-gu Seoul Metropolitan Government, and (b) made it difficult for the Defendant to see that the victim’s right tur, by her hand, seems to have been thmphere three times, and committed an indecent act by force against the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

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

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

1. Where a conviction on a sex offense subject to registration becomes final and conclusive in the judgment that the registration of personal information and the obligation to submit such information under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes 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, the accused is obligated to submit

Article 47(1) and Article 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 shall not be ordered to disclose or notify personal information to the accused, in full view of the Defendant’s age, occupation, risk of recidivism, motive of the crime in this case, method of the crime, seriousness of the crime, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to the disclosure or notification order, the prevention of sexual crimes subject to registration which may be achieved thereby, the effect of protecting the victims thereof, etc.

The reasons for sentencing are as follows: the various sentencing conditions specified in the arguments of this case, such as the circumstances, the age, character and conduct, environment, etc. of the defendant, and the recommended sentences specified in the sentencing guidelines shall be determined in the same manner as the order.

The Defendant committed the instant crime.

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