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(영문) 서울서부지방법원 2014.02.19 2013고단2522
강제추행
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[Criminal Power] On April 15, 2010, the Defendant was sentenced to six months of imprisonment for fraud at the Seoul Western District Court, and completed the execution of the sentence at the Seoul Southern Southern District Court on July 28, 2010.

【Criminal Facts】

At around 22:00 on January 13, 2013, the Defendant: (a) parked in the Han River parking lot located in Yongsan-gu, Yongsan-gu, Seoul, Yongsan-gu, 271-110, and (b) tried to raise the kis to the victim himself during the process of dividing the victim D (the age of 48) and talks; (c) but the victim was able to see and reject the victim's head; (d) forced kid the victim's head; (e) the victim's head was kid by placing his hand into the victim's body; (e) kids the victim's head; (e) b) mil the victim's body after the victim was seated; and (e) boomed the victim's body to reject the victim's body; and (e) b) forced the victim to do indecent acts, such as forcing the victim's sexual organ into the victim's body.

Summary of Evidence

1. Defendant's legal statement;

1. Statement D in the suspect examination protocol of the accused by the prosecution;

1. Complaints, telephone details, photographs of victims and on-site photographs;

1. Previous records of judgment: Criminal records, etc., inquiry reports and application of court rulings and other statutes;

1. Relevant Articles of the Criminal Act concerning the facts constituting the crime. Article 298 (Selection of Imprisonment or Imprisonment);

1. Article 35 of the Criminal Act among repeated crimes;

1. Where a judgment on the registration of personal information under Articles 26 and 55(1)3 of the Criminal Act becomes final and conclusive, the accused is a person subject to registration of personal information pursuant to 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 authority pursuant to Article 43 of the same Act.

However, an order for disclosure and notification of registered information is not an order for disclosure and notification of registered information, since it is judged that there are special circumstances that the disclosure of personal information should not be disclosed in light of the defendant's tendency of unsatising (not high possibility of resatising) on the defendant's military force.

The reason for sentencing is that the defendant.

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