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(영문) 서울중앙지방법원 2017.03.24 2016고단9081
준강제추행
Text

A defendant shall be punished by imprisonment for six 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 July 15, 2016, around 00:30 on July 15, 2016, the Defendant was operating a bus stops near the Saong apartment street in Seocho-gu Seoul Metropolitan Government as a sub-section.

B Setting off the right edges on the front of the Defendant’s seat in the C metropolitan bus, the victim D (Woo, 26 years old) who was seated by the Defendant’s seat, with his hand, was able to write down the right edges of the said victim’s bucks.

Accordingly, the defendant committed an indecent act against the victim by using the state of impossibility of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against the victim;

1. Each statement;

1. Each report on investigation;

1. Application of the Acts and subordinate statutes to photograph the victim of CCTV images and the photograph of the victim’s photograph;

1. Relevant Article of the Criminal Act; Articles 299 and 298 of the Criminal Act; the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the grounds for sentencing as follows);

1. When a judgment of conviction on the facts constituting a sex crime subject to registration and submission of personal information under Article 62-2 of the Criminal Act, and Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes becomes final and conclusive, 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 the competent agency under Article 43 of the same Act.

In full view of the Defendant’s age, occupation, risk of recidivism, motive for, method of committing the instant crime, seriousness of the crime, the degree and expected side effects of the Defendant’s entrance due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of the protection of the victim, etc., pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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