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(영문) 서울서부지방법원 2017.07.21 2016고단2248

강제추행

Text

1. The defendant shall be punished by imprisonment with prison labor for four months;

2.Provided, That 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

On June 25, 2016, around 04:30 on June 25, 2016, the Defendant committed an indecent act by force by inserting her hand by inserting her hand under the top of the part of the victim E (M, 24 years old) who iced at the main point of “D” located in Yongsan-gu Seoul Metropolitan Government, Yongsan-gu.

Summary of Evidence

1. Partial statement of the defendant: At the place determined in the ruling;

1. Legal statement of witness E;

1. Some statements made against the defendant during the police interrogation protocol;

1. Statement made by the police for E;

1. E statements;

1. Each video electronic file recorded in CDs, in particular, E’s investigative agency and legal statement are consistent, logical, and solid part of the victim E, the content of the part that is not memory, the passage of time and the change of the reputation of the victim, whether the statement conforms to a third party’s statement or social norms, legal attitude of the statement and the penance of the statement, etc. It can be found that the facts of the crime of the crime of the crime of the crime of the victim are sufficiently recognized by considering the above evidence in light of the following: (a) the statement conforms to the third party’s statement or social norms; and (b) the behavior of the defendant as expressed in the external CCTV image of the club and external CCTV; and (c) the defendant’s attitude after

Application of Statutes

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

2. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be considered as favorable circumstances, etc. in consideration of the importance of sentencing):

3. Grounds for the sentencing of the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against an order to attend school

1. Recommendation and sentence of sentencing guidelines: Where the exercise of tangible force (one month to one year) in the mitigated area (one year from one year) is considerably weak, in cases where the punishment is chosen, for which compulsory indecent conduct (subject to 13 years or more) is to be committed, for not more than one year (the scope of recommended punishment).

1. Unfavorable circumstances: Points that the degree of behavior is not that of light, but that the person suffers from damage, etc. fails to receive a manual;

1. favorable circumstances: The fact that assault and intimidation are not prior to the purpose of indecent conduct, and the defendant who has no record of criminal punishment is under influence of alcohol;