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(영문) 서울동부지방법원 2018.11.23 2018고합249
준강제추행등
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

On July 11, 2018, around 20:30 on July 20, 2018, the Defendant: (a) Dadbbucks by the victim E (the name of the victim, the age of 27) who was divingd in the waters room of “D Sawna” located in Songpa-gu Seoul, Songpa-gu Seoul; and (b) Dadbucks by hand the victim’s bucks.

Accordingly, the Defendant committed an indecent act against the victim by making use of the victim’s potential state of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Relevant Article of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the choice of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Protection and Observation and the Punishment, etc. of Sexual Crimes against Sexual Crimes;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders and Notification Orders; the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (in light of the fact that the defendant recognized all of his/her criminal acts and against himself/herself, the registration of personal information of the defendant against him/her, taking lectures in sexual assault treatment, and observing the protection of him/her to a certain extent may have the effect of preventing recidivism;

I seem to appear.

In addition, in light of various circumstances, such as the defendant's age, family environment, and social relationship, it seems that the effect of sexual crime prevention, etc. can be achieved by the disclosure order and notification order compared to the disadvantage and anticipated side effects that the defendant will sustain.

In full view of such circumstances, there are special circumstances that the defendant should not be ordered to disclose or notify personal information.

I think)

1. Where the conviction of a defendant who has registered personal information under the main sentence of Article 56(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse against whom an employment restriction order is issued is finalized, the defendant is stipulated in Article 42(1) of the Act on Special Cases concerning the Punishment

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