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(영문) 서울남부지방법원 2016.08.01 2015고단4004
강제추행등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. On September 22, 2010, the Defendant forced indecent conduct, around 05:30 on September 22, 2010, performed drinking together with the victim D (the victim 22 years old) at the Defendant’s residence in Yangcheon-gu Seoul and the third floor, and committed an indecent act by force against the victim by drinking the victim’s chest by enjoying the cre in the room after others.

2. At the time and place specified in paragraph 1, the Defendant: (a) by putting 112 reports out of the Defendant’s house, knife a knife, knife the victim’s head, knife the victim’s head, knife the victim’s head, knife the victim’s head, and knife the victim into the house; and (b) “C

The phrase "Saly," thereby threatening the victim by carrying a deadly weapon.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a report on site mobilization;

1. Relevant Article 298 of the Criminal Act, Articles 284 and 283 (1) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (including the fact that the defendant has mistakenly recognized and repented);

1. Where a conviction of an indecent act committed in the judgment that constitutes a sex offense subject to the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, becomes final and conclusive, the Defendant becomes 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 is obligated to submit personal information to the competent agency pursuant to

The age of the defendant exempted from the disclosure order and notification order, risk of recidivism, motive, progress and seriousness of the crime, the degree of disadvantage and anticipated side effects of the defendant's entrance due to the disclosure order or notification order, the preventive effects of sexual crimes subject to registration which may be achieved therefrom, and the effects of protecting the victims, etc. shall be comprehensively considered.

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