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(영문) 서울북부지방법원 2016.09.01 2016고단153
강제추행
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On May 19, 2015, around 01:50 on May 19, 2015, the Defendant committed an indecent act against the victim by forcing him/her to drive the victim's right chest on one occasion with his/her left hand.

Summary of Evidence

1. Partial statement of the defendant;

1. The credibility of each statement of the witness E and F (each statement of the witness E in this court and investigative agency is not consistent or inconsistent with objective facts in the clothes in which the defendant was placed or in the location of the defendant's relatives. However, although the defendant's speech, the form of crime, the content of damage, the fear and response of the victim, the victim's perception and response at the time of the crime of this case, and the situation before and after the crime of this case, the circumstance where the defendant's statements cannot be found to be false, the witness F's statement is consistent with the witness F's statement, and the attitude of the witness's statement in this court, etc. In addition, it is not objectively impossible to keep the victim's right chest in this court. Accordingly, according to each evidence of the judgment, it is recognized that the defendant's indecent act was committed by the defendant) is applied to the law.

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. Comprehensively taking account of the following: (a) the Defendant’s age, occupation, family environment, social ties, criminal record, and risk of recidivism, as well as the benefits and effects expected by the disclosure order and notification order of this case; and (b) the disadvantages and side effects therefrom, etc., the full view of Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and notification order; and (c) the Defendant’s age, occupation, family environment, social relationship, and criminal record and risk

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