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(영문) 서울남부지방법원 2021.02.05 2020고단5702
강제추행등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. On September 9, 2020, at around 06:10 on September 9, 202, the Defendant forced indecent act: (a) accessed the victim D (V, 29 years of age) who was walking in the direction of C to work at work at Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, by approaching the victim D (V, and 29 years of age) who was walking in the direction of C, thereby committing an indecent act by force on the part of the victim, as if he turns the victim

2. On September 9, 2020, around 06:15, the Defendant publicly obscenity committed an obscene act by openly exposing the nameless female who passed his/her alley path with his/her sexual organ taken in hand from the place where he/she got his/her sexual organ back to his/her mouth.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to a report of internal history (including on-site investigations, CCTV investigations, and photographs attached thereto) to the police statement of D;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, Article 298 of the Criminal Act, Article 245 of the Criminal Act (a point of public performance obscenity), and the choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by Order to Attend: The age, sex, environment, relationship with the victim, motive, means and consequence of the crime, etc., and the sentencing conditions shown in the records and arguments of this case, such as the fact that the person was unable to receive a letter from the injured party, shall be determined as the sentence as ordered by taking into account various circumstances, including the fact that the person did not receive a letter from the injured party.

When a conviction on a crime in the judgment that is a sex offense subject to registration and submission of personal information becomes final and conclusive, the defendant is subject to registration of personal information under 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 head of a related agency pursuant to Article 43

The defendant's age, occupation, and exemption from disclosure orders, notification orders, and employment restriction orders, respectively.

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