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(영문) 서울북부지방법원 2017.02.09 2016고단4725

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

around 04:40 on October 8, 2016, the Defendant committed an indecent act by force against the victim E (the 22 years old) who was under the influence of alcohol on the right side of the Defendant’s D personal taxi parked near the Gangnam-gu Seoul Metropolitan Government, by putting together strings to the victim E (the 22 years old), shouldering the strings, kiding the victim, paying the strings, and getting the strings of the strings by getting off the strings of the strings and getting off the strings of the strings of the strings.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of witness E;

1. In the investigation report (in the face of a photograph of the suspect CCTV-fashion), (The victim's statement in this court and in the investigative agency are generally consistent and specific as to the defendant's speech, contents of damage, fear and response of the victim at the time of the crime of this case, the situation before and after the crime of this case, and the circumstances where the false statement is not visible, and its credibility is recognized in light of the degree of attitude of the victim's statement in this court.

Therefore, according to each evidence of the judgment, the application of the law is recognized as having committed an indecent act against the victim by force.

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. 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, and disadvantages and side effects therefrom, etc.