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(영문) 서울중앙지방법원 2019.07.05 2019고단2385
강제추행
Text

A defendant shall be punished by imprisonment for not more than ten 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 January 9, 2019, at around 23:10, the Defendant reported the Victim D (Woo, 26 years of age, and name) residing in C history located in Jung-gu Seoul Metropolitan Government, and continued to follow the Victim’s behind it. On the alleyway located in Jung-gu, Seoul, the Defendant got the Victim into alley parking lot, leading the Victim to the Victim, leading the Victim into the math of the Victim’s sexual organ, resulting in the Victim’s sexual organ, and committing indecent act.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of statutes governing enforcement manuals;

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

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

1. Where a conviction on a sex offense subject to registration becomes final and conclusive in the judgment that constitutes a sex offense subject to registration 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 the accused is obligated to submit personal information

In full view of the Defendant’s age, occupation, risk of recidivism, motive of the instant crime, method of crime, seriousness of the consequence and crime, disclosure notification and employment restriction order, the degree of disadvantage and anticipated side effects to be affected by the Defendant’s entry, the preventive effect of the sexual crime subject to registration that may be achieved thereby, the protection effect of the victim, etc. of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 47(1) and Article 49(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse, the proviso to Article 50(1), the proviso to Article 56(1), the proviso to Article 59-3(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse, and other special circumstances where the personal information shall not be disclosed or notified or the employment thereof shall not be restricted.

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