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(영문) 서울서부지방법원 2018.11.28 2018고단3106
강제추행
Text

A defendant shall be punished by imprisonment for six 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 June 19, 2018, around 00:40 on June 19, 2018, the Defendant committed an indecent act by force on the part of the victim, following the victim D(M, 18 years old).

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes concerning crime CCTV reports;

1. Article 298 of the Criminal Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspension of execution (in consideration of the circumstances, such as the violation of his/her own mistake, the primary crime, the circumstances leading to the crime, etc.);

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. In full view of the following circumstances: (a) the proviso to Article 56(1) of the Act on the Protection of Juveniles against Sexual Abuse against Children and Juveniles against whom an employment restriction order is exempted (the primary crime; (b) the registration of personal information and an order to attend a lecture to treat sexual assault is expected to have the effect of preventing recidivism; and (c) the Defendant’s age, environment, occupation, profits expected by an employment restriction order, the effect of preventing sex crimes; and (d) the disadvantage and anticipated side effects of the Defendant’s disadvantage

I think)

Where the conviction of this case becomes final and conclusive, 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 43 of the same Act.

However, there are special circumstances in which personal information is not disclosed in light of the first crime, recidivism of personal information registration, victim protection effects, etc.

Since it is determined, it does not issue an order to notify the disclosure of registered information pursuant to the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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