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(영문) 서울중앙지방법원 2014.10.08 2014고단5373
강제추행
Text

A defendant shall be punished by imprisonment for four 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 20, 2014, the Defendant, under the influence of alcohol on May 20, 2014, found the victim 1 (the age of 23) who walked in front of the C Hospital located in Dongjak-gu Seoul Metropolitan Government, facing each other, and caused the victim to her knife one time with the victim's knife with the victim's own hand.

At around 20:43 on the same day, the Defendant continuously discovered the victim 2 (the age of 43) coming from facing each other, while walking the front crosswalk in Dongjak-gu Seoul Metropolitan Government D, and caused the victim by indecent act by force, by inserting the hand between the victim's ditches.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of the victim1 and the victim2;

1. Police seizure records;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of photographs of places where damage has occurred and CCTV verification and investigation);

1. Article 298 of the Criminal Act concerning the facts constituting the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Where a conviction becomes final and conclusive on the crime subject to registration of personal information and a sex offense subject to registration under Article 16(2) through (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Probation or Order to Attend, the accused becomes 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 is obligated to submit personal information

In light of the Defendant’s age, occupation, risk of repeating a crime, content and motive of the crime, method and seriousness of the crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects to be borne by the Defendant due to the occurrence of the crime subject to registration, the preventive effect and effect of the sexual crime subject to registration, the effect of the protection of the victim, etc., it is determined that there are special circumstances that the disclosure or notification of personal information should not be disclosed or notified, and thus, the Defendant is not ordered to disclose or notify the personal information.

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