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(영문) 서울남부지방법원 2019.01.25 2018고단5170
준강제추행
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On June 28, 2018, between 23:15 and 23:35, the Defendant: (a) at the bus stops located in Geumcheon-gu Seoul, Geumcheon-gu, Seoul, the Defendant: (b) at the bus stops located in the front of the bus stops located in Geumcheon-gu, Geumcheon-gu, Seoul; (c) at the right side of the victim D (bee, 37 years old); (d) the Defendant was seated by drinking and was seated by a bus stops; (e) the Defendant was in charge of the victim’s hand; (e) the victim’s hand by inserting the kbbbbbbbs; (e) the head was kneed by inserting the kbbs; and (e) the victim’s chest kbbbbs of the victim who is knee.

Accordingly, the Defendant committed an indecent act against the victim by taking advantage of the victim's failure to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police statement statute to E and F;

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;

1. The sentencing of the instant crime on the grounds of Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by Probation, community service, or an order to attend a lecture shall be based on the number of offenses, the details thereof, etc., and considering the criminal records, the criminal records of the Defendant, the fact that the Defendant is against himself/herself, etc., the sentence identical to the disposition shall be imposed by taking into account the following factors:

A defendant becomes subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes when his/her conviction on a crime subject to registration becomes final and conclusive, and is obligated to submit personal information to the head of a related agency pursuant to Article 43 of the same Act.

The defendant's age, occupation, criminal record, risk of recidivism, type of crime of this case, motive, process of crime, victim's age, relationship with the victim, the degree of disadvantage and anticipated side effects of the defendant, and personal information.

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