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(영문) 서울서부지방법원 2018.02.02 2017고단591
강제추행
Text

1. The defendant shall be punished by imprisonment with prison labor for four months;

2.Provided, That the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On February 15, 2017, the Defendant, while playing a game in the PC room called "C" in Seodaemun-gu B, Seodaemun-gu on February 15, 2017, committed an indecent act by force on the part of the victim D (the age of 24)'s buckbucks located in the side game.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of CCTV image Acts and subordinate statutes;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

2. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be considered as favorable circumstances, etc. in consideration of the importance of sentencing):

3. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

4. Grounds for sentencing under Article 16 (4) and (9) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 59 of the Act on the Observation, etc. of Protection of Sexual Crimes.

1. Recommendation and sentence of the sentencing guidelines: Where the exercise of tangible force is remarkably weak in the mitigation area (one month to one year) (any person subject to special mitigation) of the mitigation area (any person subject to special mitigation) of the mitigation area (any person subject to special mitigation) of the mitigation area, which is not more than one year (the scope of punishment recommended) at the time of choice of imprisonment with prison labor;

1. Unfavorable circumstances: Points that the degree of conduct does not be light and that the person does not receive a manual from the injured party, etc.;

1. favorable circumstances: The defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit personal information to relevant agencies pursuant to Article 43 of the same Act, on the ground that a conviction on the facts constituting a sex crime subject to registration becomes final and conclusive, which is subject to registration, taking into account all kinds of sentencing conditions prescribed in Article 51 of the Criminal Act, such as the age, sex, environment, and circumstances after the crime, etc. of the defendant, including the fact that the defendant seems to have committed a mistake,

The defendant enters the military court due to the age, occupation, risk of recidivism, motive for committing the crime of this case, method of committing the crime, seriousness of the crime, order of disclosure or notification of personal information.

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