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(영문) 서울북부지방법원 2017.01.26 2015고단4656

강제추행

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is a foreigner of the nationality of Saudi Arabia.

On August 22, 2015, the Defendant committed an indecent act on the part of “C” in Mapo-gu Seoul, Seoul. On August 22, 2015, the Defendant committed an indecent act by force on the part of the victim D (n, 27 years of age) with the right part of “C” located in Mapo-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Written statements of D;

1. Application of Acts and subordinate statutes to report on investigation (verification of telephone statements by shots E);

1. The relevant Article of the Criminal Act, Article 298 of the Criminal Act, the grounds for sentencing of sentence of imprisonment, and the grounds for choosing a sentence of imprisonment;

1. The scope of applicable sentences under law: Imprisonment for one month to ten years; and

2. The scope of the recommended punishment [the scope of the recommended punishment] on the basis of the general criteria for the crime of indecent act by force (subject to not less than 13 years of age) and the basic area (not less than 6 months of imprisonment and 2 years of general indecent act) (a person who is subject to special sentencing] of the sentencing criteria.

3. Determination of sentence shall be made in the same manner as the Disposition, taking into consideration all the circumstances shown in the pleadings of this case, such as the following circumstances, age, family relationship, and tendency of the defendant:

The favorable circumstances: The defendant is not subject to an order to attend a course or an order to complete a program under the proviso to Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, in light of special circumstances where the defendant is unable to impose an order to attend a course or order to complete a program under the proviso to Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, given that he/she has no record of criminal punishment while staying in the Republic of Korea: the defendant is consistent with the criminal act

When a conviction on forced indecent conduct in the judgment that is a sex offense subject to registration and submission of personal information becomes final and conclusive, 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 relevant agency pursuant to Article 43 of the same Act