logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2014.06.11 2013고단3258
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

Around 16:10 on December 7, 2013, the Defendant found the victim D (in female, 30 years of age) who tried to board an elevator at the Dongdaemun-gu Seoul Building, and committed an indecent act by force by using the victim after boarding the elevator.

Summary of Evidence

1. Defendant's legal statement;

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

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act (see, e.g., Article 62(1) of the Act on the Suspension of Execution) lies in an indecent act in an enclosed space where the victim has been placed, and the victim seems to have suffered severe mental damage, but did not agree with the victim.

Other circumstances such as the fact that the defendant has no criminal records of the same kind or imprisonment without prison labor or any heavier punishment and reflects it shall be determined as per the order.

Where a conviction becomes final and conclusive on a criminal fact in the judgment that is a sex offense subject to registration and submission of personal information, 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 obligated to submit personal information to the competent agency pursuant to

In light of the Defendant’s age, occupation, risk of repeating a crime, content and motive of a crime, method and seriousness of a crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects to be affected by the Defendant, the preventive effect and effect of a sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure order and notification order shall not be issued to the Defendant, given that there are special circumstances under which the disclosure of personal information may not be disclosed or notified pursuant to the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

arrow