logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2020.08.14 2020고단2662
강제추행
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 11, 2020, at around 17:15, the Defendant committed an indecent act by force against the victim D (at the age of 27) who was seated in the bus B in Geumcheon-gu Seoul, Geumcheon-gu, Seoul. Around April 11, 2020.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to investigation reports on a written statement of D ( CCTV images inside buses);

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

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

1. Circumstances that are favorable to the reasons for sentencing under Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Children and Juveniles Ordering Employment Restriction Order, the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the main sentence of Article 59-3(1) of the Act on Welfare of Disabled Persons: The occurrence of a second offense even though he/she was punished by a fine for the same kind of crime in 2001, such as the occurrence of a second offense, the occurrence of a second offense, such as the victim's age, character and behavior, environment, relationship with the victim, motive, means and consequence of the crime, and circumstances after the crime, etc., and the sentencing conditions shown in the records and arguments of this case shall be determined as the sentence as per the Disposition.

A defendant becomes subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes when his/her conviction on a crime subject to registration becomes final and conclusive, and is obligated to submit personal information to the head of a related agency pursuant to Article 43 of the same Act.

The age, occupation, risk of recidivism, type of crime of this case, motive, process of crime, disclosure order or notification order of the defendant exempted from disclosure order or notification order, the degree of disadvantage and anticipated side effects of the defendant's disadvantage, and sex crimes subject to registration which can be achieved due to such order.

arrow