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(영문) 서울남부지방법원 2017.08.23 2017고단3174

준강제추행

Text

A defendant shall be punished by imprisonment for one year.

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

The Defendant was a person working in Yeongdeungpo-gu Seoul Metropolitan Government D and E for about five days, and the Victim F (M, 30 years of age) who served in the above company with approximately five days’ work experience in the above company, and the Defendant was willing for the victim to commit an indecent act against the breath female.

On February 10, 2017, at the E office located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, and 301, the Defendant committed an indecent act against the victim about 20 minutes, including, but not limited to, the victim’s knife, knife knife knife knife knife knife knife knife knife knife, and knife knife knife knife knife.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of a photograph of the contents of a G dialogue and the Acts and subordinate statutes concerning the scene of crime;

1. Relevant Article of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the choice of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the Order to Provide community service and attend lectures;

1. The scope of applicable sentences under law: Imprisonment for one month to ten years; and

2. Scope of the recommended punishment [the types of decisions] according to the sentencing guidelines for sex offenses (the persons subject to 13 years or more) committed by compulsion in general (1) [the person subject to special sentencing] and the mitigated elements: In the area of mitigation of punishment [the area of recommendation and the scope of recommendation], the area of mitigation of punishment [the area of recommendation and recommendation], one month to one year;

3. Grounds for a suspended sentence [major grounds for a suspended sentence] positive grounds for a suspended sentence: An extenuating reflection of punishment (general grounds for consideration): Clearly, social ties.

4. In light of the fact that the method of committing the instant crime with which the sentence was sentenced was interviewed and the part and degree of indecent act was serious, and that the Defendant was charged with forced indecent act in 2012, and that the Defendant again committed a similar crime despite having received a non-prosecution decision that is not entitled to institute a prosecution by mutual consent with the victim, it is not good that the crime is committed.

However, the sentencing shown in the record and the change theory, such as the fact that the defendant led to his mistake and reflects, that the defendant agreed with the victim after the prosecution.