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(영문) 서울중앙지방법원 2019.09.06 2018고단7163
강제추행
Text

A defendant shall be punished by imprisonment for six 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 April 26, 2018, around 14:10 on April 26, 2018, the Defendant: (a) demanded the victim B (here, 38 years of age) who smokes tobacco to demand that the victim B (here, she would be able to take a bath; (b) he/she was denied; (c) he/she laid his/her hand over the victim’s right shoulder; (d) laid him/herself into the victim’s right shoulder; and (e) laid down his/her right chest, and her indecent act by force on the part of the victim.

Summary of Evidence

1. Each police statement concerning B and C;

1. Application of the respective laws and regulations in B and C

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 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. If a conviction on a sex crime subject to employment restriction order is confirmed, the defendant is subject to registration of personal information under Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352, Jan. 16, 2018); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018); Article 2 of the Addenda to the Welfare of Disabled Persons Act (Act No. 15904, Dec. 11, 2018); Article 59-3(1) main text of the Act on Welfare of Persons with Disabilities; and Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus, the defendant is obligated to submit personal information to the head of a related agency pursuant to Article 43

In full view of the Defendant’s age, occupation, family environment, social relationship, risk of recidivism, motive for committing the instant crime, method and consequence of the instant order, the degree of disadvantage and anticipated side effects to be affected by the Defendant due to the disclosure order or notification order, the preventive effects of sexual crimes subject to registration that may be achieved therefrom, and the effect of protecting the victims thereof, etc., the Defendant is subject to Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

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