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(영문) 서울동부지방법원 2020.02.07 2019고단3611
강제추행
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 15, 2019, at around 17:40 on June 15, 2019, the Defendant, at “C cafeteria” located in Gangdong-gu Seoul Metropolitan Government, committed an indecent act by force against the victim by admitting the victim’s b with his own arms while drinking alcohol together with the victim D (Inn, 48 years of age) and the bol.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the investigation report (No. 4) Acts and subordinate statutes;

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. Article 47(1) and the proviso to Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes: Article 16(2) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse; Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; Article 50(1) proviso (i) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 50(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes (i.e., the Defendant’s age, occupation, risk of recidivism; motive, method and consequence of the crime in this case; seriousness of the crime in this case; disclosure order or notification order; possible side effects of the Defendant’s disadvantage and side effects; (ii) the prevention and effect of sexual crimes subject to registration that may be achieved thereby; and (iii) the Defendant shall not disclose personal information to the public pursuant to Article 56(1) proviso to the Act on Special Cases concerning the Punishment, etc. of Personal Crimes against Sexual Crimes against Children and Juveniles;

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