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(영문) 서울북부지방법원 2017.04.20 2016고단5582

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

At around 22:50 on August 14, 2016, at the entrance of the 2nd floor entrance in Gangnam-gu Seoul, Gangnam-gu, Seoul, the Defendant used the victim's clothes in one hand under the condition that the victim, who was subject to the victim D (the name, summer, age in secret) followed, was unable to drive the secret in both arms. On one hand, the Defendant used the victim's clothes above the victim's clothes. On the other hand, the Defendant saw the victim's fingers into the victim's inner part and panty part, and committed an indecent act by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to report internal investigation (suspects' tracking lines and CCTV verification);

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.

In conclusion, the reason for sentencing [the scope of recommended punishment] is the general standard for sentencing, and the sentence is the same as the order, comprehensively taking into account the following conditions under the decision not to impose punishment (one month to one year), and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and conditions before and after the crime.

- Recognizing the crime of bad quality, sexual humiliation or mental impulses that the victim frighted.