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(영문) 서울서부지방법원 2017.09.15 2017고단1774
강제추행
Text

1. The defendant shall be punished by imprisonment with prison labor for six months;

2.Provided, That the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On April 23, 2017, around 19:00, the Defendant found the victim D (20 years of age) who was frighted in Mapo-gu Seoul, Mapo-gu, Seoul, and tried to commit an indecent act against the female, and the Defendant met the victim’s buckbucks by hand with the victim’s side.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes of D;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

2. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be considered as favorable circumstances, etc. in consideration of the importance of sentencing):

3. Grounds for the sentencing of the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against an order to attend school

1. Recommendation and sentence of sentencing guidelines: Where the exercise of tangible force (one month to one year) in the mitigated area (one year from one year) is considerably weak, in cases where the punishment is chosen, for which compulsory indecent conduct (subject to 13 years or more) is to be committed, for not more than one year (the scope of recommended punishment).

1. Unfavorable circumstances: Although the defendant had a record of being punished by a fine in 2007 for the same crime, he/she also reaches the crime of this case, and there are many records of criminal punishment;

1. favorable circumstances: The defendant appears to have an attitude against the defendant's wrong judgment; the exercise of force for indecent acts is not prior to the exercise of force for indecent acts; the degree of conduct is relatively heavy; criminal records exceeding fines have been more than 30 years; and the defendant's age, sexual conduct, environment, means and consequence of the crime; and other criminal facts in the judgment that are a sex offense subject to registration and submission of personal information under Article 51 of the Criminal Act, such as the circumstances after the crime, are finalized, the defendant becomes 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; thus, the defendant is obligated to submit personal information to relevant agencies pursuant to Article 43 of the same Act.

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