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(영문) 서울남부지방법원 2015.04.27 2014고단4529
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 July 13, 2014, at around 20:35, the Defendant walked a path before Gangseo-gu Seoul Metropolitan Government C, and when the victim D (n, 29 years of age) who walked in the opposite part, faced with the victim, she was faced by the victim and the victim, the Defendant committed an indecent act by force against the victim by her hand.

Summary of Evidence

1. Each legal statement of D and E;

1. Investigation report (the card type and details);

1. Application of Acts and subordinate statutes to a report on investigation (the result of a warrant for search, inspection);

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. Reasons for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. There is no person who is a special person in the basic area (six months to two years) of the first type of the crime of indecent act by force (subject to the age of 13 or more) on the sentencing criteria;

2. The execution of a sentence shall be suspended by taking into account the following factors: (a) the defendant is sentenced to six months of imprisonment, taking into account the degree of the indecent act committed by the instant crime; (b) the defendant does not reflect his fault; and (c) the age and absence of criminal record; and (d) the conditions of all the sentencing specified in the records and arguments

Where a judgment of conviction against a defendant on the criminal facts in the judgment that are subject to registration and submission of personal information 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 obligated to submit personal information to a related agency pursuant to

When considering the Defendant’s age, risk of recidivism, type, motive, process, consequence and seriousness of the instant crime, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to an order to disclose or notify personal information, the preventive effect and effect of the sexual crime subject to registration to be achieved, the effect of protecting the victims, and the favorable circumstances as seen earlier, comprehensively.

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