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(영문) 서울남부지방법원 2016.01.22 2015고합438

강제추행

Text

A defendant shall be punished by imprisonment for not more than ten 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 12, 2015, at around 02:50, the Defendant, under the influence of alcohol at the cafeteria of the trade name, “D” located underground in the Gangseo-gu Seoul Metropolitan Government building C, and was exposed to the Defendant’s sexual organ by making the victim E (the age of 23) seated, and then committed an indecent act by the Defendant’s hand by making the victim E’s left side buckbucks that were opened next to the victim E (the age of 22).

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. A report on investigation (to hear statements by shots);

1. Application of statutes on field photographs;

1. Relevant provisions of the Criminal Act and Article 298 of the Criminal Act concerning the selection of punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Protection and Observation and the Punishment, etc. of Sexual Crimes, and Article 62-2 (1) of the Criminal Act;

1. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and the risk of repeating a crime, the profits expected due to an order of disclosure or notification, and the disadvantages and side effects therefrom, there are special circumstances in which the Defendant’s personal information may not be disclosed or notified, taking account of the following: (a) the Defendant’s age, occupation, family environment, social relationship, criminal record and the risk of recidivism; (b) the disclosure or notification order; and (c) the disadvantages and side effects of the order;

I think)

Reasons for sentencing

1. Scope of sentencing recommended according to the sentencing criteria;

(a) Each indecent act committed by a person [the types of decisions] sexual crimes, forced indecent acts (subject to at least 13 years), and types 1 (special indecent acts by force) (subject to special sentencing] (subject to recommendation]; six months to two years (basic areas) of imprisonment;

(b) Six months to three years from the application of the standards for handling multiple crimes (two years = one year (two years x 1/2));

2. Indoors of sentence: