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(영문) 서울중앙지방법원 2016.12.02 2016고단7067
준강제추행
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On May 11, 2016, at around 05:45, the Defendant committed an indecent act by taking advantage of the victim’s state of refusal to resist and taking advantage of the victim’s state of refusal to resist, taking away from the victim F (the 37 years of age) being divingd in the soup bank of “Eari” located in Gwanak-gu, Seoul Special Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the F Statements;

1. Article 299 of the Criminal Act and Articles 299 and 298 of the Criminal Act, the choice of imprisonment for a crime;

1. Suspension of execution under Article 62 (1) of the Criminal Act ( even though two times have been sentenced to a fine due to the same kind of crime, the commission and degree of an indecent act, and the confession and reflect of a crime, etc., although the crime under the same Act has been committed;

1. When a conviction on a sex crime subject to the registration of personal information under Article 62-2 of the Criminal Act, Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes becomes final and conclusive, 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 is obliged to submit personal information to the competent agency pursuant to Article 43

In full view of the Defendant’s age, occupation, risk of repeating a crime, motive, progress, seriousness of a crime, disclosure order or notification order, anticipated side effects and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, prevention and effect of sexual crimes subject to registration which may be achieved therefrom, protection effect of the victim, etc., the disclosure order and notification order shall not be issued to the Defendant on the grounds that there are special circumstances that may not be disclosed or notified of personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, proviso of Article 49(1) and proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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