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(영문) 서울서부지방법원 2013.08.28 2013고단1153
준강제추행
Text

A defendant shall be punished by imprisonment for not less than five 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 April 13, 2013, the Defendant committed an indecent act by compulsion against the victim C by force by taking advantage of the victim’s state of refusal to resist, such as: (a) 07:30 on April 13, 2013, the victim C (here, female, 20 years of age) in Seodaemun-gu Seoul, Seoul, was locked out; and (b) her desire to take advantage of the victim’s desire to take advantage of the victim’s potential to resist.

2. The Defendant: (a) committed indecent act by compulsion against the victim F by compulsion on the ground that the victim F (the 19-year-old age), at around 07:35, the victim F (the 19-year-old age-) was locked out; (b) the victim was able to make soup so that the victim was unable to resist; (c) the victim was able to take part in the part of the bry so that he was frying; and (d) the victim was forced to commit indecent act by taking advantage of the victim’s state of refusal to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to C and F;

1. Application of the Acts and subordinate statutes concerning the photograph of a video closure;

1. Relevant Articles 299 and 298 of the Criminal Act concerning facts constituting an offense. Article 298 of the same Act

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. Where a judgment on the registration of personal information under Article 62-2 of the Criminal Act becomes final and conclusive, the accused is a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to a competent agency pursuant to Article 43 of

However, an order for disclosure and notification of registered information is not an order for disclosure and notification of registered information, since it is judged that there are special circumstances that the disclosure of personal information should not be disclosed in light of the defendant's tendency of unsatising (not high possibility of re-offending) on the defendant's military force.

In light of the same records of the defendant's reasons for sentencing, the circumstances leading up to the crime of this case, the attitude of specific indecent act, and the fact that the defendant is against the defendant, it is decided as per the disposition.

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