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(영문) 서울북부지방법원 2019.04.26 2019고합28
강제추행등
Text

A defendant shall be punished by imprisonment for six 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 August 26, 2018, around 03:10 on August 26, 2018, the Defendant made an indecent act against the victim C, i.e., a male-friendly job offer D, who is the victim C (name, n, age 27) in front of Mapo-gu Seoul, by stating that “it is possible to assume responsible for a low-income woman.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to C by the police;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements of victims);

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (only taking courses for the registration of personal information against the accused and the taking courses for sexual assault treatment) appears to have an effect to prevent re-offending. In full view of the Defendant’s age, motive and process of the instant crime, the preventive effect expected due to an order to disclose or notify, the disadvantage and anticipated side effects of the Defendant entered, the effect of protecting the victims, etc., it is deemed that there are special circumstances that may not disclose or notify

1. Grounds for sentencing under the proviso to Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018); the main sentence of Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 201

1. The scope of punishment by law: Imprisonment for one month to ten years;

2. The scope of recommended sentences according to the sentencing criteria (the determination of types of sex offenses);

B. The crime of indecent act by compulsion is 13 years of age.

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