logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2015.03.30 2014고단3307
준강제추행
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

around 01:05 on October 3, 2014, the Defendant committed an indecent act on the part of the victim by using the victim’s state of refusal to resist, such as getting on the bus No. 471 in D 471 at the green bus stops located in Eunpyeong-gu Seoul, Seoul, and finding out that the victim E (the age of 23) was fluording, standing on the back seat of the bus under the influence of alcohol, leaving the victim’s right seat, leaving the victim’s breast at hand, making the victim do so, and making the victim get off from the bus at the bus stops located in Eunpyeong New-dong, Eunpyeong-gu, Seoul, Seoul, for about 01:14 on the same day, getting the victim under the influence of alcohol at the bus stops, making the victim sit on the bus at the bus stops, putting the victim into the bus stops, putting the victim’s chest into the victim’s breast, making the victim unable to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to report on investigation (a CCTV screen, etc. in buses);

1. Articles 299 and 298 of the Criminal Act applicable to the crimes;

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

1. When a conviction on a sex offense subject to the registration and submission of personal information under Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is confirmed, 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 the accused is obligated to submit personal information to relevant agencies pursuant to Article 43 of the same Act

Article 47 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, when comprehensively considering the Defendant’s age, occupation, risk of repeating a crime, motive, method, seriousness of the crime in this case, degree of disadvantage and anticipated side effects of the Defendant’s entrance due to an order to disclose or notify personal information, the prevention of sexual crimes subject to registration to be achieved due to such order, and the effect of protecting the victims thereof, etc.

arrow