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(영문) 서울남부지방법원 2014.02.18 2013고단4315
강제추행
Text

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

A defendant takes 40-hour course necessary to prevent recidivism of sexual crimes.

Reasons

Punishment of the crime

On November 10, 2013, the Defendant committed an indecent act against his will against the victim’s will after discovering the victim D (n, 26 years of age) on the street in Geumcheon-gu Seoul, Geumcheon-gu, Seoul at around 00:15, in order to find out the victim D (n, 26 years of age), to force the victim by force.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. The reason for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Defendant is that the Defendant was sentenced to a summary order of a fine of two million won on June 12, 2003 or a fine of three million won on June 4, 2007 due to the same crime on June 4, 2007, and one year or more due to the crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.) on July 21, 2011; the Defendant committed the instant crime despite the record of being sentenced to a suspended sentence of two years; the Defendant led to the confession of the instant crime; the background, means, methods, and results of the instant crime.

Where this judgment becomes final and conclusive, the accused is a person subject to registration of personal information pursuant to 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 the competent police office pursuant to Article 43 of the same

An order for disclosure or notification of registered information, as to whether or not to issue an order for disclosure or notification of registered information, needs to be careful and prudent in that it may seriously affect the defendant, and the defendant was sentenced to imprisonment with prison labor for one year, and a suspended execution of two years on July 21, 201 due to a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.) and was already ordered to disclose and notify the defendant's information for five years, and there is no need to additionally disclose or notify the information beyond the above period of disclosure or notification.

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