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(영문) 서울북부지방법원 2017.08.24 2017고단2739

강제추행

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 March 3, 2017, around 22:56, the Defendant discovered the victim C (tentative names) who was walking the front of the building B in Gangnam-gu Seoul Metropolitan Government, and committed an indecent act by force on the part of the victim by making up the victim’s hand room from the inside of the buckbucks.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, profits and preventive effects expected due to the instant disclosure order and notification order, disadvantages and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

The Defendant asserts that the Defendant was in a state of mental or physical loss or mental weakness under the influence of alcohol at the time of the instant crime.

In light of various circumstances, such as the background and means of the crime committed by each of the above evidence, the details of the crime, and the defendant's behavior before and after the crime, it cannot be deemed that the defendant had no or weak ability to discern things under the influence of alcohol at the time of the crime in this case, and thus, the above assertion is rejected.

The grounds for sentencing [the scope of recommended punishment] are as follows: (a) the mitigation area (one month to one year) the mitigation area (one year to one year) the reduction area (the special mitigation person).