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(영문) 서울서부지방법원 2015.05.07 2014고단3586
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 of the final judgment.

Reasons

Punishment of the crime

On November 5, 2014, the Defendant: (a) around 02:10 on the first floor parking lot of “D party hall” located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul; (b) on November 5, 2014, the Defendant: (c) reported the victim E (nives age 22) and the daily cigarette smoking to the victim; and (d) provided the victim’s day-to-day tobacco loan; (b) on the other hand, the victim did not have any tobacco; (c) while the victim got a street between the victim and the day-to-day, and (d) committed an indecent act by force against the victim.

Summary of Evidence

1. Each legal statement of witness F and E;

1. Partial statement of the police interrogation protocol of the accused;

1. Application of Acts and subordinate statutes on police statement to E;

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 (The following favorable circumstances shall be considered as described in the reasons for sentencing);

1. If a conviction on a sex crime subject to registration and submission of personal information under Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Probation and Order to Attend, 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 the competent agency under Article 43 of the same Act.

In full view of the Defendant’s age, occupation, risk of repeating a crime, motive, method, seriousness of the crime in this case, the degree and expected side effects of the Defendant’s entrance due to an order to disclose or notify personal information, the preventive effect of a sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., personal information shall be personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, 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.

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