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(영문) 서울동부지방법원 2019.09.19 2019고합173
준강제추행등
Text

A defendant shall be punished by imprisonment for one year.

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

"2019 Highest 173"

1. On March 27, 2019, at around 01:30, the Defendant discovered the victim D(34 years of age) who was divingd in Caba and brying soup, soup, brying, and the front corridor in Gwangjin-gu Seoul Special Metropolitan City, and came up with the victim’s body, bucks, bucks, and sexual organs by hand from the victim’s side immediately adjacent to the victim.

Accordingly, the defendant committed indecent acts against the victim by taking advantage of the state of mental or physical disability or impossibility to resist.

"2019, 254"

2. On May 26, 2016, the Defendant is a person subject to the registration of personal information, who was sentenced to a suspended sentence of six months by imprisonment for a quasi-indecent act by compulsion at the Seoul Eastern District Court, and the judgment became final and conclusive on June 3, 2016.

If a person subject to the registration of personal information has changed, he/she shall submit the personal information to the head of a police agency having jurisdiction over his/her domicile within 20 days from the date the reason for such change occurred

Although the Defendant changed his/her domicile and actual domicile to “Seoul E building and F,” on March 27, 2019, the Defendant did not report such changed domicile and actual domicile to the head of the competent police office within 20 days thereafter.

B. Although the Defendant joined the “H” located in Dongdaemun-gu Seoul Metropolitan Government on April 13, 2019, he did not report to the head of the competent police office on the changed workplace within 20 days thereafter.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A investigative report (CCTV image investigation);

1. Report on internal investigation (a certified copy of a resident registration card submitted by a person under internal investigation), submission of personal information, resident registration record card, or certificate of employment;

1. Previous records of judgment: Criminal records, inquiry reports, and application of statutes governing judgment;

1. The provision applicable to the crime, the Articles 299 and 298 of the Criminal Act on the choice of punishment, and the failure to submit any modified information under Articles 50 (3) 2 and 43 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the imprisonment with labor;

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