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(영문) 서울북부지방법원 2016.07.21 2016고단1169

강제추행등

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

1. The Defendant’s assault: (a) around September 5, 2015, at E University located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul around September 03:30, 2015, “Dh” from the parallel of Victim F ( South, 18 years old).

“Is the victim to whom the victim has been aware of a dispute,” which is to the effect that “Is the victim.”

"" and assaulted the victim's face at a time of drinking.

2. On September 5, 2015, the Defendant: (a) discovered the victim G (i.e., 17 years old) who sits in front of the said E University Park at around 03:40 on September 5, 2015; (b) found the victim G, who was frighted; and (c) left back to that female’s son

“In the same manner, the victim’s shoulder was broken, and as one hand the victim’s shoulder was sealed, the victim’s chest was satisfed, and the other hand was satisfyed, and the victim committed an indecent act by force.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of public prosecution against F and H;

1. Application of the Acts and subordinate statutes of the police statement protocol to G;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, Article 298 of the Criminal Act, Article 260 (1) of the Criminal Act, and the choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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.

(C) The grounds for sentencing

(a) One type of indecent act (general indecent act in force) committed by force (subject to 13 or more years of punishment) on general standards.