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(영문) 서울동부지방법원 2016.05.26 2016고단412
준강제추행
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On November 7, 2015, around 05:10 on November 7, 2015, the Defendant discovered the victim E ( South and 17 years old) who was divingd next to the D male water surface room located in Dongdaemun-gu Seoul Metropolitan Government, and came up with the victim’s sexual flag and resistance by inserting his hand back to the victim so that he can look back with the victim.

Accordingly, the defendant committed an indecent act against the victim by using the victim's resistanceable condition.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Application of Acts and subordinate statutes of police statement protocol to E;

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

1. Article 20 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Excluding Provisions on Liability Reduction and Exemption;

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

1. Grounds for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against an order to attend a course;

1. The mitigated area (one month to one year) of the mitigated area (one year from one year) of the types of the crime of indecent act committed by force (subject to at least 13 years of age) on the basis of the general criteria (the scope of recommended punishment) [the person subject to special mitigation] of the sentencing criteria;

2. Where a judgment of conviction becomes final and conclusive on the criminal facts stated in the judgment that constitute a sex offense subject to registration and submission of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the defendant is subject to obligation to submit personal information to the competent agency pursuant to Article 43 of the same Act, by mutual agreement with the victim that the defendant was subject to suspension of indictment in 2014, and the victim does not wish to punish the defendant, taking into account all the sentencing factors indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime.

The defendant suffers due to the age, occupation, risk of recidivism, details and motive of the crime, method and seriousness of the crime, and order of disclosure or notification of personal information.

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