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(영문) 서울북부지방법원 2018.08.23 2018고단1807

강제추행

Text

The punishment of the accused shall be eight months by imprisonment.

However, the sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 13, 2018, around 12:30 on the street in Seoul Special Metropolitan City, Nowon-gu, the Defendant committed an indecent act by force against the victim, i.e., the victim F (name, leisure, life, living in 2001) who was smoking tobacco prior to the subway riding, followed by the victim F (name, leisure, life, living in 201).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to F;

1. Investigation report (to attach to the closures of CCTVs for suspect's forced indecent conduct);

1. Application of the Acts and subordinate statutes on the CCTV screen for committing a crime;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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, risk of repeating a crime, order for disclosure and notice, and benefit and effect expected by such order, and disadvantage and side effects resulting therefrom, there are special circumstances in which the Defendant’s personal information may not be disclosed or notified, or the Defendant may not be restricted from employment, in full view of the following:

I think)

Reasons for sentencing

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] general standards and the crime of indecent act by force (subject to not less than 13 years of age) is not subject to punishment (one month to one year of general indecent act) in the mitigation area (person subject to special mitigation];

2. In the case where the sentence of sentence was rendered on the street, the victim was satisfyed to feel sexual humiliation or mental impulse, and after committing the crime, the victim was actually suffering from serious mental distress and was treated by psychological treatment.

The degree of conduct confirmed by the evidence and the degree of conduct.