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(영문) 서울북부지방법원 2018.12.20 2018고단4141
준강제추행
Text

The punishment of the accused shall be determined by imprisonment with prison labor for ten months.

However, the sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 22, 2018, the Defendant, at around 03:25, around the first floor C convenience store in Seoul Special Metropolitan City, Nowon-gu, the Defendant: (a) was under the influence of alcohol on the day; (b) was unable to resist the victim; (c) was deprived of the mind by using a state of resistance impossibility of the victim; and (d) was able to walk on the victim’s chest with the victim’s chest; and (c) was able to commit an indecent act against the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to D;

1. Each investigation report (investigation of on-site CCTV verification / Confirmation of CCTV video recording at the location of occurrence of the case);

1. Application of the CCTV and video CD-related Acts and subordinate statutes, such as a closure photograph;

1. Relevant Article of the Criminal Act; Articles 299 and 298 of the Criminal Act; the choice of imprisonment for a crime;

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

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Protection and Observation and the Punishment, etc. of Sexual Crimes against Sexual Crimes;

1. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, risk of repeating a crime, order for disclosure and notice, and benefit and effect expected by such order, and disadvantage and side effects resulting therefrom, there are special circumstances in which the Defendant’s personal information may not be disclosed or notified, or the Defendant may not be restricted from employment, in full view of the following:

I think)

Reasons for sentencing

1. The basic area (six months to two years) of the crime of indecent conduct in force (subject to at least 13 years of age) according to the general criteria for the scope of the recommended punishment according to the sentencing guidelines; and

2. The punishment of a person who is under the influence of alcohol in determining the sentence shall be a bad and a person who commits a crime by walking with the wound and drinking the chest shall be punished by the crime;

Moreover, the defendant in 2014.

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