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(영문) 서울북부지방법원 2017.08.24 2017고단1836

강제추행

Text

A defendant shall be punished by imprisonment for four months.

However, 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

The Defendant is an employee who was working in C, and the victim D (n, 18 years old) was working in E, and is an employee of a collaborative company.

On November 10, 2016, around 18:00, the Defendant made a ceremony in the “G” located in the Manan-gu, Mayang-gu, Mayang-gu, and committed an indecent act against the victim’s will by making twice the victim’s bucks seated next to the Defendant, with his employees.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D and H;

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. 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.

In conclusion, the reasons for sentencing [the scope of recommended punishment] of general standards for sentencing [the scope of recommended punishment] is determined by comprehensively taking into account the following circumstances: (a) the sentence of "one type of indecent act" (the general compulsory indecent act") in the basic area (from June to two years) and other conditions of sentencing indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the commission of the crime.

- The sexual humiliation or mental shock of the victim who frightened is not easy to feel sexual humiliation or mental shock, and the crime committed in the judgment of the sex crime subject to registration, which is a sex offense subject to submission of personal information that has no record of criminal punishment against the victim.