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(영문) 서울북부지방법원 2017.01.12 2016고단4667

강제추행

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

On June 18, 2016, the Defendant, at around 22:00, did not brea the victim C (V, 57 years of age) in Seoul Special Metropolitan City, Nowon-gu building and the first floor, even though the victim was drunk.

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“In doing so, as the chest of the Victim was in charge of the Victim’s chest, the Victim was forced to commit an indecent act.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of each police statement protocol to C;

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 defendant does not feel sexual humiliation of the victim, and cannot be used from the victim, - registering personal information that has no record of being punished for committing a crime, reflectivity, or sex offense, and where a conviction of the criminal facts in the judgment of the sex offense subject to registration is finalized.