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(영문) 서울서부지방법원 2014.05.14 2013고단3103
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

1. On October 10, 2013, at around 04:57, the Defendant discovered a victim J (a name, bring, 20 years of age) who was divingd in a soup 'I’ ground in Mapo-gu Seoul Mapo-gu Seoul, and laid the brying bridge back to the victim’s bridge. The Defendant shing the victim’s body by hand, and rhing the victim’s body, and committed an indecent act against the victim who was unable to resist.

2. At around 06:37 on the same day, the Defendant discovered the victim’s name and influence (e.g., age in the soup bank), kneeing the victim’s knee and kneeing the victim’s knee in his hand, kneing the Defendant’s kne on the victim’s chest, and committing indecent act against the victim, such as raising the Defendant’s bridge on the victim’s bridge.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement to J;

1. Application of the Acts and subordinate statutes on the screen of CCTV recording data to a course;

1. Articles 299 and 298 of the Criminal Act applicable to the crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The grounds for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by Indecent Act (the scope of recommending punishment) [the scope of recommending punishment] general standards for the crime of indecent act by compulsion (the objects at the age of 13 or older) and the scope of final sentence according to the aggravation of multiple crimes in the basic area (6 to 2 months or more): Six months and two years (the decision of sentence]. The fact that the confessions and seriously reflects the crime of this case, the fact that an agreement is reached with the victim'sJ, and other conditions of sentencing such as the defendant's age, character and behavior, environment, motive and circumstance leading to the crime of this case, and circumstances after the crime are taken into account.

If a conviction on a sex crime subject to registration 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 personal information is personal information in his/her jurisdiction pursuant to Article 43 of the same Act.

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