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(영문) 서울서부지방법원 2019.06.19 2019고단1348
강제추행
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 06:00 on November 4, 2018, the Defendant stated that “C” clubs located in Mapo-gu Seoul Metropolitan Government, “I would improve the victim’s chest if the victim died,” and committed an indecent act by force against the victim on several occasions by knife.

Summary of Evidence

1. Statement of the defendant in court; 1. Statement of the police about D;

1. Investigation report (to have telephone conversations for witnesses);

1. Application of each Act and subordinate statutes to C clubs CCTV CDs;

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 the main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend education

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommended sentences according to the sentencing criteria (the determination of types of sex offenses);

(b) The crime of indecent act by compulsion (the person under 13 years of age or older) [the first type] general indecent act by compulsion (the person under special form): The mitigated element of punishment (the area of recommendation and the scope of recommended punishment), mitigated range of punishment, one month to one year of imprisonment;

3. Determination of sentence: The decision shall be made in the same manner as the following four months, in consideration of various sentencing conditions, including the defendant's age, character and conduct, and environment, but the execution of sentence shall be suspended.

The favorable circumstances: The defendant has no record of being punished for a crime before this case.

The defendant is seriously against the defendant, and around April 2019, the defendant paid the amount agreed upon to the victim and received the letter from the victim.

Unfavorable circumstances: The degree of indecent conduct is serious, and the mental impulse of the victim seems to be considerable.

When a conviction on a crime subject to registration becomes final and conclusive on the judgment that is a sex offense subject to registration, the accused 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 the head of the relevant agency pursuant to

disclosure order and notification order; and

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