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(영문) 서울북부지방법원 2018.04.26 2017고단5598

준강제추행

Text

The punishment of the accused shall be determined by imprisonment with prison labor for ten months.

However, the sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 18, 2017, around 20:30 on November 18, 2017, the Defendant: (a) around the side of the Victim E (V), a member of the same workplace, who was under the influence of alcohol within the first floor of Dobong-gu Seoul Metropolitan Government, and was seated and was divingd, was able to see the victim’s shoulder in his/her hands and fit for the victim.

Accordingly, the defendant committed an indecent act against the victim who is in an impossible condition of resistance.

2. On November 18, 2017, the Defendant: (a) around 22:40 on November 18, 2017, the victim’s chest was under the influence of alcohol in a taxi where it is impossible to know the number of the victim’s face from the street shop front of the said entertainment shop to the time of the Gyeonggi-do, a residence of the victim; (b) placed the victim’s face on his/her hand; and (c) placed the victim’s finger into the victim’s hand; and (d) placed the victim

Accordingly, the defendant committed an indecent act against the victim who is in an impossible condition of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of Acts and subordinate statutes concerning the content of the victim and the suspected G message;

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

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) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

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.

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Reasons for sentencing

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

(a) 1 offence;