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(영문) 서울북부지방법원 2018.09.07 2018고단1451
강제추행
Text

A defendant shall be punished by imprisonment for not more than ten 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 February 20, 2018, at around 02:00, the Defendant discovered the victim E (here, 27 years of age) who used mixed mobile phone calls in the vicinity of the D market located in Jung-gu Seoul Metropolitan Government, and tried to commit an indecent act against the victim. The Defendant predicted the victim’s moving dong line before arrival in the front of the Flley-gu Seoul Metropolitan Government, and then forced the victim to commit an indecent act by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on investigation (investigation into victim counterpart, and arrangement of CCTV verification and investigation);

1. A report on investigation (the act of CCTV investigation before a suspect commits an act) and photographs of CCTV images taken before the suspect commits an offense attached thereto;

1. A report on investigation (a CCTV verification made by the person under investigation following the victim) and a photograph of CCTV images taken by the person under investigation following the victim;

1. Application of Acts and subordinate statutes to report internal accidents (investigation of the verification of CCTV around a scene of crime) and to CCTV images around the scene of crime attached thereto;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. The reason for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Order to Attend and the Order to Attend the community service order shows that the defendant recognized the crime of this case and commits the crime of this case against the wrongness of the defendant. Considering the circumstances favorable to the defendant, the crime of this case is committed by force following a female victim who does not have any awareness at night, and the crime of this case is committed by force, and thus, it seems reasonable to have a sense of shame and mental shock that the defendant s/he s/ she s/ she s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/

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