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(영문) 서울남부지방법원 2018.04.27 2018고단530
강제추행
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 January 5, 2018, at around 09:00 on January 5, 2018, the Defendant was in a residential area located in Yangcheon-gu Seoul apartment complex B, and was in a way to have a victim C (n, 25 years of age) of the married wife (n, 25 years of age) who was divorced on December 13, 2017.

피고인은 갑자기 침대 위에 누워 있던 피해자의 옷 위로 피해자의 젖꼭지 부위를 1회 비틀었다.

The defendant went out of the locking room, and came back again as a measure again, and she has the face of the victim who has her sexual organ on the bed, and she has her own sexual organ on the bed.

was made.

When the victim refuses to do so, the defendant assaulted the victim at one time, and tried again to have his/her own sexual organ as soon as possible and face of the victim.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, the choice of punishment, and the choice of imprisonment;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical drugs;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Taking into account the following factors: (a) the protection observation and treatment order; (b) Article 62-2 of the Criminal Act; (c) Article 44-2 of the Act on the Medical Care, Care, Care, etc.; and (d) the method, content, and frequency of the instant crime on the grounds of sentencing under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; (b) the Defendant’s mental health status; (c) the victim’s intent not to punish; and (d) the Defendant’s mistake is against the Defendant; and (d) the sentence identical to the order is imposed by comprehensively taking into account all the sentencing conditions indicated in the record,

When a conviction on a crime in the judgment that is a sex crime subject to registration and submission of personal information becomes final and conclusive, the defendant shall obtain personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

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