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(영문) 서울남부지방법원 2020.06.10 2020고단928
준강제추행
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 15, 2019, the Defendant, at around 09:15, around 09:15, 2019, covered the case of the victim D (the name, south, and age of 34) who was divingd with the clothes off at the “Cracka” 2nd underground floor of the Gangseo-gu Seoul Metropolitan Government B apartment commercial building building, and covered the case of the victim D (the name, south, and age of 34). The Defendant met the part of the victim's chest, and was frightened by the victim.

Accordingly, the defendant committed an indecent act against the victim by taking advantage of the victim's refusal to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to D;

1. Investigation reports (related to the contents of replies to requests for appraisal with the State) and the application of Acts and subordinate statutes;

1. Article 299 of the Criminal Act and Articles 299 and 298 of the Criminal Act, the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes shall be determined by comprehensively taking into account the following circumstances, the Defendant’s age, character and conduct, environment, conditions of sentencing including before and after the commission of the crime, and the circumstances before and after the commission of the crime, and the life

The degree of indecent act is very serious when the Criminal Code is interviewed and indecent act is committed.

It seems that the victim was sworn and suffered damage.

Defendant confessions and objects to crimes.

The victim does not want to punish the defendant by mutual consent with the victim.

There is no history of sex offense against the accused.

Where a conviction on a crime subject to registration becomes final and conclusive in the judgment that is a sex offense subject to registration, the accused is a person subject to registration of personal information in accordance with 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 pursuant to Article 43

The exemption from disclosure and notification order and employment restriction order is due to the age, occupation, criminal records, risk of recidivism, type, motive, process, seriousness of the crime in this case, disclosure order or notification order, and employment restriction order.

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