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(영문) 서울동부지방법원 2015.05.08 2014고단2863
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

1. On June 6, 2014, the Defendant committed indecent act by compulsion on the part of the Defendant committed an indecent act by compulsion by force on the part of the victim D (the victim’s 48 years old)’s chests in the “Cnonoosa” room located in Songpa-gu Seoul, Songpa-gu Seoul.

2. The Defendant committed an indecent act against the victim at the time, time, and place indicated in the preceding paragraph, and assaulted the victim by taking the victim’s scam with the victim’s scam on the hand of the defect at one time.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to D and E;

1. Article 298 of the Criminal Act and Articles 298 and 260 (1) of the Criminal Act (the occupation of violence and the choice of imprisonment) concerning the crime;

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. Grounds for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend education;

1. The scope of the recommended punishment according to the sentencing guidelines for the first crime (sex crimes) and the standard of the general crime of indecent act by compulsion (subject to the age of 13 or older) and the second crime (crimes) in the basic sphere (six to two years), (the scope of recommendations) of the first type of the crime (subject to the age of 13 or more): The scope of the final sentence according to the aggravated multiple crimes in the basic sphere (two to October) of the first type of the crime (the scope of recommendations for general assault): Six months to two years;

2. Determination of sentence shall be determined by taking into account the following factors: (a) the fact that the accused has recognized and reflected his/her own crime; (b) the accused has not been agreed with the victim; (c) the accused has no record of having been punished for a sex offense and has no record of having exceeded the fine; and (d) the age, occupation, character and conduct

Where a conviction against a defendant is finalized in relation to a crime of indecent act by compulsion on the judgment that constitutes a sex offense subject to registration, 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 is obligated to submit personal information to the relevant agency pursuant to Article

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