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(영문) 서울남부지방법원 2017.11.29 2017고단4594
준강제추행
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On July 23, 2017, around 03:32, the Defendant, at the male body room located in the Gangseo-gu Seoul Metropolitan Government “Crupbry 2” located in the Gangseo-gu Seoul Metropolitan Government, had the victim D(31) who was divingd were forced to commit an indecent act, and had the victim's sexual organ, who was in an impossible state of resistance with diving, retired from the victim's inner organ, and forced the victim to commit an indecent act by forcing the victim's sexual organ as soon as possible.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes concerning CCTV closure photographs;

1. Relevant Article of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the choice of punishment;

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

1. The reason for sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by Order to Attend is that the part and degree of the indecent act in this case are not somewhat weak, that the damage has not been recovered, and on the other hand, that the defendant confessions and reflects his mistake, that the defendant does not have any record of sex crime and has no record of suspended execution or higher, and that there is no record of sex crime and there is no record of suspended execution or higher, the punishment as ordered is determined by taking

Where a conviction becomes final and conclusive on a criminal fact in the judgment that is a sex offense subject to registration and submission of personal information, the defendant 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 is obligated to submit personal information to the relevant agency pursuant to Article 4

Article 47(1) and Article 49 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, when comprehensively considering the Defendant’s age, occupation, risk of recidivism, type of crime, motive, process of crime, seriousness of crime, the degree and anticipated side effects of the Defendant’s disadvantage 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.

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