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(영문) 서울중앙지방법원 2018.04.25 2017고단8178
강제추행
Text

A defendant shall be punished by imprisonment for 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

The Defendant is subject to the Korea-U.S. Administrative Agreement (SOFA) to the United States Armed Forces affiliated with the United States 2 Association Camp C located in Dongducheon-do, Gyeonggi-do.

On July 2, 2017, around 03:20, the Defendant committed an indecent act by force against the victim F (V, 25 years of age) who was in front of the amusement room on the front of the “E entertainment room” located in Mapo-gu Seoul, Mapo-gu, Seoul.

Summary of Evidence

1. Each legal statement of witness F and G;

1. Statement made by the prosecution against the F;

1. Application of the Acts and subordinate statutes of the police statement protocol to G;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following grounds for sentencing);

1. The proviso to Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to Order (the defendant is a foreigner with the U.S. nationality, and is difficult to expect the effectiveness of recidivism prevention through order to complete program because communication with the Korean language is not smooth, and there are special circumstances under

[Determination]

1. In full view of the following circumstances: Article 47(1) and Article 49(1) proviso of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (in addition to the grounds for exemption from the above order to complete a program, in light of the Defendant’s age, family environment, social relationship, etc., the effect of the prevention of sexual crimes that may be achieved by the order to disclose information can be relatively less than the disadvantages and anticipated side effects that the Defendant may sustain, due to the order to disclose information.

The reason for sentencing [the scope of recommended punishment] is as follows: (a) the basic area (6 months to 2 years) of the Act on the Punishment of Indecent Acts by Forced Persons (subject to 13 years or more) (the general compulsory indecent acts) (the person subject to special sentencing) (the decision of sentence is made).

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