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(영문) 서울중앙지방법원 2016.12.28 2016고단8251
준강제추행
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 28, 2016, from around 03:00 to 03:30 on the same day, the Defendant was locked up to the victim D (the age of 24) who was locked up in the second soup of “C” underground floor located in Seocho-gu Seoul, Seocho-gu, Seoul, and was covered by the Defendant, and the Defendant also covered the victim with her panty of the victim, and the victim’s her her her her her her her her her her her her her her her her part was placed up twice.

Accordingly, the defendant committed indecent acts against the victim by taking advantage of the victim's mental or physical state of difficulty.

Summary of Evidence

1. The statement of the defendant in part of the protocol of interrogation of the police on October 5, 2016;

1. Statement of D police statement;

1. CCTV video CDs;

1. Application of Acts and subordinate statutes on closure photographs;

1. Article 299 of the Criminal Act and Articles 299 and 298 of the Criminal Act, the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act (Article 62 (1) shall be taken into consideration, such as the father and degree of indecent act, and the fact that there

1. When a conviction on a sex offense subject to the registration of personal information under Article 62-2 of the Criminal Act, Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes becomes final and conclusive, the accused 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 the accused is obligated to submit personal information to the competent authority pursuant to

In full view of the Defendant’s age, occupation, risk of repeating a crime, motive, progress and seriousness of a crime, the degree and expected side effects of the Defendant’s disadvantage due to an order of disclosure or notification, the preventive effect of a sexual crime subject to registration which may be achieved therefrom, the effect of protecting the victim, etc., the exemption order of disclosure and notification order shall be governed by Articles 47(1) and 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 of Children

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