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(영문) 서울서부지방법원 2018.11.09 2018고단3133
강제추행
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 29, 2018, around 19:50 on June 29, 2018, the Defendant committed an indecent act by force against the Defendant by putting the Defendant’s hand, etc. on the left bucks located in the 3 learning hall No. 3 of Mapo-gu Seoul, Seoul, on the 7th seat of the C2nd floor.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

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

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

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of community service orders and orders to attend lectures;

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, which is subject to employment restrictions;

1. Unfavorable circumstances: The defendant has been punished by a fine twice for the same crime and by a one-time suspension of indictment;

1. favorable circumstances: The defendant 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 is obliged to submit personal information to a related agency pursuant to Article 43 of the same Act, if a conviction on the facts constituting a sex crime subject to registration becomes final and conclusive, because he/she has agreed with the victim, the degree of conduct is not relatively heavy, and the confession is a confession of a crime and a mistake is divided.

In light of the Defendant’s age, occupation, risk of repeating a crime, motive of a crime, method of a crime, seriousness of a consequence and an offense, the degree and expected side effects of the Defendant’s disadvantage due to an disclosure order or notification order, the prevention of sexual crimes subject to registration which may be achieved therefrom, and the effect of protecting the victims thereof, etc., the special circumstances under which the disclosure of personal information may not be notified pursuant to Articles 47(1) and 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso of Article 49(1) proviso of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse, and the proviso of Article 50(1) proviso.

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