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(영문) 서울서부지방법원 2016.08.12 2016고단716
강제추행등
Text

1. The defendant shall be punished by imprisonment for six 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 January 23, 2016, around 02:30 on January 23, 2016, the Defendant, at the main point of “D” located in Yongsan-gu Seoul Metropolitan Government, had the victim E (the 30-year-old age), who is a customer, had the mind to commit an indecent act against the female, and had the victim F (the 23-year-old age-old-old-old-old-old-old-old-old-old-old-in her hand her hand, and had the victim F (the 23-year-old-old-in her hand) committed an indecent act by force against the said victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of each police statement protocol to E and F;

1. Relevant provisions of the Criminal Act and Article 298 of the Criminal Act concerning the selection of punishment;

2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act, which increases concurrent crimes;

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

4. Grounds for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against a person attending a lecture;

1. The sentencing guidelines recommended: Imprisonment with prison labor for not more than one year and six months;

(a) A crime No. 1 [the scope of a recommendation] general standard and a crime of indecent conduct (subject to at least 13 years of age) where the exercise of tangible force (one month to one year) in the area of special mitigation (special mitigation) is considerably weak, a punishment penalty is not imposed in cases where the exercise of force is significantly weak;

B. In the event that the exercise of tangible force (one month to one year) in the area of special mitigation (special mitigation) (one month to one year) is considerably weak, the final sentence scope due to the increase in the number of non-principal offenders who are subject to punishment: January to June: 1 year;

1. Unfavorable circumstances: The defendant committed each of the crimes of this case in spite of his previous convictions in the same kind, and the degree of his/her criminal conduct is not minor;

1. favorable circumstances: All kinds of sentencing conditions prescribed in Article 51 of the Criminal Act, such as the defendant's age, environment, relationship to victims, motive, means and consequence of the crime, etc., including the fact that the defendant's mistake is acknowledged, the victims do not want punishment against the defendant, and the fact that there is no other record of crime other than the one-time fine.

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