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(영문) 서울서부지방법원 2018.07.18 2018고단1828
강제추행
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On May 25, 2018, around 04:35, the Defendant, a person who was a Korean national of the Mmon, committed an indecent act against the victim D (W, 37 years old) who was fright at the front crosswalk of Yongsan-gu Seoul, Yongsan-gu, Seoul, by reporting the victim D (W, and 37 years old) who was fright in the opposite direction of the Defendant’s proceeding, and forced the victim to talk with his

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes of D;

1. Relevant Article of the Criminal Act and Article 298 of the Criminal Act concerning the crime. Article 298 (Selection of Punishment of Imprisonment);

1. Suspension of execution prescribed in Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decisions 201Do1119, Jan. 1, 201>

1. In light of the fact that the Defendant exempted from the order to complete a program is a foreigner and is unable to communicate in Korean, the Defendant is deemed unable to impose an order to attend a course or order to complete a program under the proviso to Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes on the Defendant. Therefore, the order

If a judgment of conviction of this case to be submitted 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 relevant agencies pursuant to Article 43 of the same Act.

However, if the judgment of this case becomes final and conclusive, there are special circumstances in which personal information may not be disclosed in light of the defendant's age, details of crime, recidivism of personal information registration, victim protection effect, etc.

Since it is judged, it is not ordered 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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