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(영문) 서울남부지방법원 2018.07.13 2018고단298
강제추행등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of imprisonment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 24, 2017, around 09:15, the Defendant: (a) obstructed the victim’s multiple business by force by avoiding the disturbance between approximately 20 minutes, including: (b) the victim D (V) located in Geumcheon-gu Seoul, Geumcheon-gu, Seoul; and (c) the victim’s multi-faceted business by asking the victim to return the wall without any reason; and (d) the victim’s booming that “I am, with a train, I am, I am, I am, I am, I am, I am, I am, I am, and I am of the same year.”

2. The Defendant forced indecent act committed an indecent act by force against the victim by putting the victim’s right chest on the victim’s right chest during the instant disturbance at the time and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of D;

1. Relevant Article 314(1) of the Criminal Act, the choice of punishment for the crime, Article 314(1) of the choice of punishment, Article 298 of the Criminal Act, and the choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act, Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes takes into account the following factors: (a) the method and content of each of the instant offenses; and (b) the criminal records of the Defendant; (c) considering the agreement with the victim; (d) the reflectivity of the Defendant; and (e) other factors of sentencing as indicated in the records, such as the Defendant’s age, sexual conduct, environment, family relationship, circumstances after the commission of the offense; and (e) the sentence identical

When a conviction on a crime of forced indecent act in the judgment that is a sex offense subject to registration and submission of personal information 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 head of the relevant agency pursuant to Article

The defendant is exempted from disclosure or notification order due to his age, occupation, risk of recidivism, type of crime, motive, process, disclosure order or notification order of this case.

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