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(영문) 서울서부지방법원 2019.01.30 2018고단3957
강제추행
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 15, 2018, at the main point of “C” located in Eunpyeong-gu Seoul Metropolitan Government on October 22, 2018, the Defendant: (a) rhymd the victim’s right bucks by hand while sitting in the side of the victim D (so, 29 years of age, household name) who is the same school building in Eunpyeong-gu, Seoul; and (b) rhymd the victim’s right bucks before the above main point; and (c) 22:20 on the same day, the Defendant dymd the victim’s own bucks and b

At around 22:50 on the same day, the Defendant continued to 22:50 on the same day, as long as the Defendant was unable to drive a vehicle parked in the front parking lot by using the net set of the vehicle, which was parked in the front parking lot of Eunpyeong-gu Seoul, by using the victim’s status.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement about D and G;

1. Application of the Acts and subordinate statutes to investigative reports, the analysis report on CCTV images, and the closure of the site;

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

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

1. Reasons for sentencing under Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against an order to provide community service and attend lectures;

1. Unfavorable circumstances: Points that are considerably poor in the nature of the crime in light of the fact that the victim was not able to use, the method of indecent act, the part, etc.;

1. favorable circumstances: The defendant shall be determined as ordered by taking into account the primary offender's age, character and conduct, environment, etc., and all the conditions of sentencing;

When a conviction on a crime subject to registration becomes final and conclusive on the judgment that a sex crime subject to registration becomes final and conclusive, the accused 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 relevant agencies

The age, occupation, risk of recidivism, details and motive of the crime, the method and consequence of the crime, and seriousness of the crime.

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