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(영문) 서울중앙지방법원 2017.05.18 2016고단9137
강제추행
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 6, 2016, around 00:45, the Defendant committed an indecent act by force against the said victim by moving the victim’s chest by hand with the victim’s own hand, who was going to a way in front of the Seoul Jung-gu Seoul Metropolitan Government (the age of 35).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to investigation reports (CCTV Integration);

1. Article 298 of the Criminal Act and the choice of punishment for the crime;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. There are special circumstances in which the disclosure or notification of personal information may not be made in light of the Defendant’s age, family environment and social relationship, records of the crime, details and motive of the crime, method and consequence of the crime, disclosure or notification order, the degree and anticipated side effects of the Defendant’s disadvantage due to such disclosure or notification order, the preventive effect and effect of the sexual crime subject to registration that may be achieved due to such order, and the effect of the protection of the victims, etc. in full view of the following:

Since it is judged, no order shall be issued to disclose or notify the defendant.

Where a conviction becomes final and conclusive on the criminal facts stated in the ruling to register and submit new information, the defendant 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 the defendant is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

The reason for sentencing [Scope of Recommendation] General Standard is the mitigated area (one month to one year) of the crime of indecent act by force (subject to 13 years or more).

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