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Reasons
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(영문) 대전지방법원 2015.02.11 2014고단3793
강제추행
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A defendant shall be punished by imprisonment for four 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 August 26, 2014, at around 19:55, the Defendant discovered the victim E (here, 21 years of age) who walked along the “D” front of the Seo-gu War, Seo-gu, Seoul, and tried to see the victim’s chests as both arms, and kidd the victim’s chests as one hand, and forced the victim to commit an indecent act.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. F's self-written statement;

1. Each photograph and field map;

1. Application of Acts and subordinate statutes to a written agreement;

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

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

1. Where a conviction becomes final and conclusive on the facts constituting a sex crime subject to registration and submission of personal information in consideration of the reasons for sentencing, degree of indecent act, reflects and agreement with the victim under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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 is obligated to submit personal information to the competent agency pursuant to Article 43

In light of the Defendant’s age, occupation, risk of repeating a crime, content and motive of the crime, method and seriousness of the crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects to be borne by the Defendant due to the occurrence of the crime subject to registration, the preventive effect and effect of the sexual crime subject to registration, the effect of protecting the victims, etc., the disclosure order or notification order of personal information shall not be issued to the Defendant, on the grounds that there are special circumstances where the disclosure or notification of personal information may not be ordered.

It is so decided as per Disposition for the above reasons.

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