logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.09.23 2016고단2069
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

Around 05:00 on January 6, 2016, the Defendant was divingd in the “D” water surface room located in Dongjak-gu Seoul Metropolitan Government, and discovered the victim E (at 21 years of age) in a state of resistance impossibility, the Defendant collected her hand from the left side to the half set of sobry so that the victim was put into a brying retail, etc., and turned out the victim’s left side and her brings and brings, etc.

Accordingly, the defendant committed an indecent act against the victim by using the victim's resistanceable condition.

Summary of Evidence

1. Legal statement of witness E;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to written E;

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 stay of execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act on the grounds that the facts of crime are denied, but such consideration shall be taken into account

1. When a judgment of conviction on a sex offense subject to the registration of personal information under Article 62-2 of the Criminal Act and Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes becomes final and conclusive, 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 obliged to submit personal information to the competent agency pursuant to Article 43 of the same Act.

In comprehensively taking into account the Defendant’s age, occupation, risk of repeating a crime, motive, progress, seriousness of a crime, the degree and expected side effects of the Defendant’s disadvantage due to an order of disclosure or notification, the preventive effect of a sexual crime subject to registration that may be achieved therefrom, the effect of the protection of the victim, etc. of the Defendant exempted from the disclosure or notification order, there are special circumstances under which the disclosure of personal information may not be disclosed pursuant to Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse.

Since it is judged, the disclosure order and notification order against the defendant.

arrow