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(영문) 서울남부지방법원 2013.10.11 2013고단2971
강제추행
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On August 24, 2013, at around 01:00, the Defendant discovered that the victim C (V, 27 years of age) around Geumcheon-gu Seoul Metropolitan Government was married, attempted to commit an indecent act against the victim, obstructed the victim from behind the victim to his left hand, prevented the victim from suffering the victim's chest with his/her finger hand, and her chest was turned on by his/her finger.

Accordingly, the defendant committed indecent acts by force against the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of police statement protocol to C

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. The reasons for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Defendant is as follows: (a) the Defendant scam the victim with an mind to commit an indecent act on the victim on the alleyway; and (b) scam the chest to the place where the victim was left behind the victim; (c) the Defendant did not have any history of punishment for the same kind of crime; and (d) the Defendant led the instant crime on October 22, 2013; (b) the Defendant is scheduled to enlist in active duty service on October 22, 2013; and (c) the details, means, methods, and results, etc.

Where this judgment becomes final and conclusive, the accused is a person subject to registration of personal information pursuant to 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 head of the competent police office pursuant to Article 43 of the same

An order for disclosure or notification of registered information with regard to an order for disclosure or notification of registered information is required to be careful in that it may seriously affect the defendant, and in this case, it is judged that there are special circumstances that the disclosure of personal information by the defendant is prohibited, such as the fact that the registration of personal information alone appears to have an effect to prevent recidivism. Thus, an order for disclosure or notification of registered information is not issued.

It is so ordered as per Disposition for the reasons above.

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