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(영문) 서울남부지방법원 2017.08.09 2017고단895
준강제추행
Text

A defendant shall be punished by imprisonment for four 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 November 1, 2016, the Defendant: (a) around 00:25, around D 1, 2016, in the Geumcheon-gu Seoul Metropolitan Government D Maporo or the 1st floor surface room; (b) had the potential victim E (27) to report to commit an indecent act; and (c) had the victim’s her her her her her son with the other hand, and had the victim’s her her her her son as soon as her her son.

Accordingly, the defendant committed an indecent act against the victim who is in an impossible condition to resist due to sleep.

Summary of Evidence

1. Statement by the defendant in court;

1. The first police statement protocol against E;

1. Requests and replies for appraisal by the National Institute of Scientific and Investigative Research and the application of statutes;

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. Grounds for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against an order to attend a course;

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 suspension of execution [Main reasons for suspension of execution] positive grounds for suspension of execution: Serious reflection of punishment.

4. That the degree of indecent act in this case’s sentencing decision is not easy, that Defendant was investigated as a crime similar to this case’s crime in 2013 and had the record of being subject to a disposition that is not subject to the right of prosecution by agreement with the victim at the time. The fact that Defendant led to a confession and reflect on the crime, that Defendant agreed with the victim, that there was no record of punishment for sex offense is favorable, and that there was no record of punishment for sex offense, and that the sentence is determined as ordered by taking account of other records and changes, and

Where a conviction becomes final and conclusive on a criminal fact in the judgment that is a sex offense subject to registration and submission of personal information, the defendant shall obtain personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

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