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(영문) 서울중앙지방법원 2014.09.26 2014고단5390
강제추행
Text

A defendant shall be punished by imprisonment for 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 May 17, 2014, at around 16:00, the Defendant: (a) made a false statement that he/she was a public performance planning-related UN Entertainment representative; and (b) made a false interview against the victim that he/she was employed; (c) around 18:40 on the same day, the Defendant met the victim’s hand and face within the main point of “D” located in Jung-gu Seoul Metropolitan Government, Jung-gu.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the police statement to C (victims);

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. The reason for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by Indecent Act by Indecent Act (the scope of recommending punishment) is general standard and the degree of indecent act by compulsion (one month to one year) (special mitigation) in the mitigation area (one month to one year) (the subject of the age of 13) is weak. [Decision on the sentence] Defendant was indicted for committing a crime under the same number of laws and regulations, and there was a record of having been sentenced to a fine on one occasion due to sexual crimes, which is disadvantageous to the Defendant.

On the other hand, the extent of the indecent act in this case is not more severe, the defendant is divided into his mistake, the victim is the front wife of the defendant, and the mother of the defendant is leading the defendant, and the defendant's age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc. shall be determined as per Disposition by comprehensively taking into account the following factors.

When a conviction on a crime subject to registration becomes final and conclusive in the judgment on a sex offense subject to registration, the accused shall be 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.

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