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(영문) 서울중앙지방법원 2018.01.19 2017고단6959
강제추행
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

[criminal history] On October 27, 2017, the Defendant was sentenced to imprisonment for one year with labor for a violation of the Act on the Protection of Juveniles from Sexual Abuse (voluntary indecent act) at the Seoul Central District Court, and the judgment became final and conclusive on November 4, 2017.

[2] On July 16, 201, at around 00:01, the Defendant: (a) committed an indecent act against the victim by forcing the victim to use his / her son’s son’s son in front of the crosswalk in front of the “D” store located in Mapo-gu Seoul, Seoul; and (b) following the victim E (the son, the son, the son, and the 26 years old).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to E;

1. Records before judgment: Application of the text of judgment and summary information inquiry Acts and subordinate statutes;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. The crime of committing a crime under the Criminal Act, such as protecting and observing the community service order and attending order, Article 62-2 of the Criminal Act, Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, committed around May 2017 on the grounds of sentencing on or around May 2017 (i.e., committing a crime of the same type of punishment (i., committing conditional suspension of indictment and suspended sentence of execution) and committing a crime against the accused, etc. (ii) the victim is repeatedly punished against the accused. In light of the father and behavior of the 0th parallel and behavior, the degree of indecent act is not relatively heavy and is in depth divided after the 0th judgment became final and conclusive to prevent recidivism, taking into account the equity between the crime of violating the Act on the Protection of Children from Sexual Abuse (voluntary indecent act) and the defendant’s age, occupation, family relationship, and the circumstances of sexual crime subject to punishment under Article 4(1) of the Act on Special Cases concerning the Registration, etc. of Personal Information after the judgment becomes final and conclusive.

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