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(영문) 서울중앙지방법원 2018.12.14 2018고단5773
강제추행
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On April 3, 2018, around 17:10 on April 3, 2018, the Defendant committed an indecent act by force against the victim E (n.e., female, 23 years of age) who walked on the “D” before Jongno-gu Seoul Metropolitan Government Jongno-gu C Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Investigation report (the analysis of CCTV images at the location of the incident);

1. The fact, etc. that the defendant had continued to capture the victim (CCTV images) before committing the crime;

1. Application of CCTV-related Acts and subordinate statutes;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. In light of the Defendant’s age, occupation, risk of repeating a crime, details and circumstances of the crime, method and seriousness of the crime, crime record, disclosure order or notification order, employment restriction order, etc. comprehensively taking into account the degree of disadvantage and anticipated side effects that the Defendant would suffer, the preventive effects and effects of the sexual crime subject to registration that may be achieved therefrom, the effect of protecting the victims, etc., as well as the following: Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; the proviso to Article 49(1) and the proviso to Article 50(1) and the proviso to Article 56(1) of the Act on the Protection, etc. of Children against Sexual Abuse;

Since it is determined, an order of disclosure or notification, or an employment restriction order shall not be issued to the defendant.

Where a conviction becomes final and conclusive due to a crime in which personal information is registered, the defendant is a person subject to registration of personal information pursuant to 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 competent police office pursuant to Article 43 of the same Act.

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