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(영문) 서울서부지방법원 2020.04.22 2020고단592
강제추행
Text

A defendant shall be punished by imprisonment for 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

At around 23:55 on November 22, 2019, the Defendant forced the victim C (28 years of age) who was in a hotel in Yongsan-gu Seoul Metropolitan City, to commit an indecent act by force against the victim C (28 years of age) who was in his/her possession, by making his/her own hand meet the victim's arms and booms, and by raising the victim's name above the victim's chest, and by leaving the victim's chest into his/her chest, the Defendant forced the victim to commit an indecent act.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to investigation reports;

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 main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend education

1. Grounds for sentencing under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommended sentences according to the sentencing criteria (the determination of types of sex offenses);

(b) The basic field of the crime of indecent act by compulsion (the person under 13 years of age or older) [the first type] general indecent act by compulsion [the scope of the recommended field and the recommended range], and six to two years of imprisonment;

3. In light of the interview and interview with the method of indecent act as indicated in the judgment of the sentence and the fact that, in particular, the part of indecent act is sensitive to sexually, the nature of the crime is not weak.

The defendant had the same record of committing the crime, and was not used by the victim.

However, it is decided as per Disposition within the scope of recommending punishment in consideration of the defendant's age, character and conduct, environment, and other various sentencing conditions.

A defendant becomes 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 when his/her conviction on a sex offense subject to registration becomes final and conclusive, and is subject to registration of personal information.

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