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(영문) 서울남부지방법원 2020.04.24 2020고단738
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 August 9, 2019, at around 02:15, the Defendant, within the “C club” located on the first floor of the Gangnam-gu Seoul Metropolitan Government underground building B, set the victim D (name, knee, 26 years old) first to put the victim’s knee, knee, knee, knee, knee, kne, wn the victim’s kne, and took the victim into the victim’s kne, kne, knee, kne, and kne, kn the victim’s kne into the victim’s kne, and knife the victim’s knish into the victim’s kbbbbbbs to the part.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D (alias) and E;

1. Application of the statutes to photographs of the scene of crime and the intensity of the scene of crime;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

1. Article 62 (1) of the Criminal Act;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (in full view of the Defendant’s age, occupation, risk of recidivism, motive of committing the instant crime, method of committing the instant crime, disclosure order, disclosure order, anticipated side effects and expected side effects of the Defendant’s disadvantage due to the disclosure order, the prevention of sexual crimes subject to registration that may be achieved therefrom, and the protection effect of the victims thereof, it is deemed that there are special circumstances in which the Defendant’

1. The fact that the defendant has been punished for the same offense for the reason of sentencing under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities is disadvantageous to the defendant, or that the defendant's mistake is recognized late or late, the victim does not want the punishment of the defendant by agreement with the victim, and other indecent acts.

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