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(영문) 서울북부지방법원 2018.01.25 2017고단5169

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 October 8, 2017, the Defendant, at around 01:50 on October 8, 2017, committed an indecent act by force on the part of the victim E (the age of 18) by inserting his hand into the bend gate of the victim E (the age of 18) who was sitting up in the 1st to the second floor of the D Building in the Gangnam-gu Seoul Northern District, and putting his hand into the bend gate of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of F’s written Acts and subordinate statutes;

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. 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.

The Defendant and the defense counsel asserted that the Defendant was in a state of mental and physical loss or mental weakness due to the trophal cerebral cerebral cerebral cerebral Bribery after the Defendant committed the instant crime.

In light of various circumstances, such as the background and means of the crime committed by the above evidence, the details of the crime, and the defendant's behavior before and after the crime in this case, it cannot be seen that the defendant did not have or lacks the ability to discern things 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] of the general standards for the crime of indecent act by force (the objects of 13 years or more) shall be the one type (the general indecent act by force).