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(영문) 서울동부지방법원 2018.04.19 2018고단550
강제추행
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On November 13, 2017, at around 21:55, the Defendant discovered the victim C (here, 58 years of age) who was married in front of the Seoul Gwangjin-gu Seoul Special Metropolitan City, and “I am locked at the house of 50,000 won”, and “I am locked at the house of 50,000 won”, following the victim’s back, the victim’s son was towed into the parking lot, and moved the victim into the parking lot, knife the victim’s knife with the wall, and knife the victim’s knife with the wall, and continued to attract the victim’s knife with the wall.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on investigation (CCTV investigation), a report on investigation (CCTV investigation - - (2) application of the statute;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

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

1. Article 16(2) and (4) of the Act on Special Cases concerning the observation of protection and the Punishment, etc. of Sexual Crimes against Sexual Crimes and the Punishment, etc. of Sexual Crimes shall be determined by comprehensively taking into account the following circumstances and other conditions of sentencing as stated in the records:

In a case where a conviction on the crime of this case against the defendant who is driving away the road is finalized as to the fact that the nature of the crime of this case is not very good, and that there is no record of exceeding the same kind and fine, and that the registration of personal information and the conviction on the crime of this case is against the defendant to be submitted, the defendant constitutes 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 thus, the defendant is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders and Notification Orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Sex Offenses against Children and Juveniles (the age, family relationship, background and process of the instant crime).

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