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(영문) 서울북부지방법원 2018.08.09 2018고단1816

강제추행

Text

The punishment of the accused shall be set forth in six months.

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 September 2, 2017, the defendant around 03:30 on September 2, 2017, "D's singing room located in Gwangjin-gu Seoul Special Metropolitan City," used the gap between E and E in the victim F (the name, the 22-year age), and singing, for the victim's own dancing, and the victim's chest was stored in the victim's inner part.

Accordingly, the defendant committed an indecent act against the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for F and E;

1. Application of Acts and subordinate statutes to each investigation report (including a place of birth, etc. / G telephone conversations between victims and hearing of statements by victims);

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) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Order to provide community service and attend lectures;

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 basic area (six months to two years) of the crime of indecent conduct in force (subject to at least 13 years of age) according to the general criteria for the scope of the recommended punishment according to the sentencing guidelines; and

2. The sexual humiliation or mental impulses of a victim who was swornly committed by a male-friendly defendant who was sentenced to the sentence of punishment by the criminal defendant, is not easy, and the degree of the criminal conduct is also weak;

On the other hand, the defendant.