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(영문) 서울북부지방법원 2019.11.28 2019고단2216

강제추행

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 17, 2019, at around 01:30 on February 17, 2019, the Defendant committed an indecent act on the part of the victim by forcing the victim to enter the 15th floor of the elevator when the elevator was on board with the victim C (the name, the 17 years old), and by inducing the victim to get out of the 15th floor of the elevator.

Summary of Evidence

1. Defendant's legal statement;

1. Stenographic records (the statement made by a victim C);

1. Application of Acts and subordinate statutes to screen pictures by reporting internal accidents and by capturing CCTV images attached thereto;

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under the main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against community service order

1. The basic area (six months to two years) of the type of the crime of indecent act by force (persons aged 13 or older) according to the sentencing guidelines;

2. The crime of this case committed by the Defendant’s sentence was committed by force by inducing the victim who was a minor at the time of the indecent act to arrive in his own floor by deceiving women and two of them to get out of the elevator at night. Considering the fear and sexual humiliation of the victim who was the minor at the time of the indecent act, the crime’s nature is bad, and the victim did not have any tolerance from the victim.

However, the Defendant recognized the instant crime and misjudgments the mistake, and the Defendant is a primary offender who currently has no criminal record due to university students, and the Defendant was a resident of an apartment building, such as the victim, but was a resident of the victim, and the director’s meaning of the crime was favorable to the Defendant. In addition, various sentencing conditions specified in the instant records and arguments, such as the Defendant’s age, occupation, environment, family relationship, and circumstances before and after the crime.