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(영문) 서울중앙지방법원 2019.01.11 2018고단6123
준강제추행
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

At around 13:10 on May 19, 2018, the Defendant discovered that the victim C (one, half, and 25 years of age) who was seated near the Gangnam-gu Southern Station located in Gangnam-gu, Seoul while boarding a bus operated in the new active service area in Gangnam-gu, Gangnam-gu, Seoul, and that he was able to commit an indecent act by taking advantage of the victim's mental health condition, by limiting the victim's buckbuck in his hand.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to C by the police;

1. Investigation report (verification of CCTV installed in buses);

1. Application of Acts and subordinate statutes to record recording submitted by the complainant;

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

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

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service and Order to Attend Courses;

1. The Defendant, on November 21, 2012, issued a summary order of KRW 1,500,000 on the grounds of sentencing under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter “Act on the Punishment, etc.”) with respect to a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and committed the instant crime despite the record of being sentenced to a fine of KRW 3 million on April 16, 2015.

The victim was unable to receive a letter of suspicion from the victim.

However, it is true that the defendant reflects the crime of this case, and that he will not repeat the crime under counseling treatment and pharmacologic, that the defendant has no criminal record of the suspended sentence of imprisonment or more, that there is no criminal record of the suspended sentence of imprisonment, and that the defendant's age, character and conduct, environment, motive and result of the crime, circumstances after the crime, etc. shall be determined by taking into account all the sentencing conditions as shown in the arguments

Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration, the accused shall obtain personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

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