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(영문) 서울중앙지방법원 2018.07.25 2018고단3447
강제추행
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On May 13, 2018, at around 15:39, the Defendant committed an indecent act against the victim by forcing the victim by using the victim’s left hand, etc., with his her upper part of the upper part, while the victim E (a person, fel, 31 years old), who was putting things around the display stand in Gangnam-gu Seoul Metropolitan Government C1’s floor, was behind the victim E (a person, fel, and 31 years old).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to E;

1. Reporting on investigation (verification of CCTVs) (applicable to statutes;

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. The grounds for sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Order to Attend the Republic of Korea are as follows: (a) considering the following circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence of the commission of the crime; and (b) the circumstances after the commission of the crime, and all of the sentencing conditions indicated in

The defendant was punished for a fine for the same kind of crime in the past.

No defendant has received a letter from the injured party.

The favorable circumstances: The defendant recognized all of the crimes of this case.

Where a conviction becomes final and conclusive on the criminal facts of this case, which are sex offenses subject to registration and submission of personal information, the defendant is 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 the defendant is obligated to submit personal information to the head of the competent police office pursuant to Article 43

In light of the Defendant’s age, occupation, risk of recidivism, type of the instant crime, motive, process, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage, prevention of the sex offense subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., there are special circumstances that may not disclose personal information.

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