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(영문) 서울서부지방법원 2014.05.14 2014고단346
강제추행
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

At around 01:00 on November 7, 2013, the Defendant: (a) asked the victim E (the 21 year old) living in the above Godae-gu Seoul Seo-gu, Seoul, about 304th floor of the D Public Notice Board 304, where the Defendant works as a general secretary; (b) asked the victim to “Is the victim,” and “Is the victim to be kis,” but the victim refused to do so by hand, but attempted to be kisced against the victim, and kis the victim’s chest toward the Defendant; (c) the victim talks the victim’s chest, and (d) the victim talked “Is the victim’s breast-gu. Is the victim’s chest.” However, the Defendant continued to put his finger into the lower part of the victim’s body and forced the victim’s finger from the defect that the victim tried to occur in the Defendant, and committed an indecent act by force against the victim and the chest of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning police statements to E;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Where a suspended sentence is invalidated pursuant to Article 61(1) of the Criminal Act to register personal information and to submit a suspended sentence pursuant to Article 59(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases concerning the Punishment, etc. of Sexual Crimes”), inasmuch as the accused becomes 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, he/she is obligated to submit personal information to a competent agency in accordance with Article 43 of the same Act.

Whether or not to issue an order to disclose or notify personal information, the age, occupation, risk of recidivism, type, motive, process, seriousness of the crime in this case, the degree and expected side effects of the disadvantage of the defendant resulting from the disclosure or notification order.

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