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(영문) 서울북부지방법원 2016.08.11 2016고단2352
강제추행
Text

A defendant shall be punished by imprisonment for not less than eight months.

The defendant shall order the completion of a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On June 16, 2016, at around 00:05, the Defendant committed an indecent act by force against the victim, as the victim’s arms (e.g., 63 years old) that had been entering the main room in Seongbuk-gu Seoul Metropolitan Government as the main room, and had been working in the main room in the main room.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes of E;

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

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

1. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, profits and preventive effects expected due to the instant disclosure order and notification order, disadvantages and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

(C) The Defendant and his defense counsel asserted that the Defendant was physically and mentally deprived or physically weak at the time of the instant crime.

In light of various circumstances, such as the background and means of the crime committed by each of the above evidence, the details of the crime, and the defendant's behavior before and after the crime, it cannot be deemed that the defendant had no or weak ability to discern things under the influence of alcohol at the time of the crime in this case, and thus, the above assertion is rejected.

The grounds for sentencing [the scope of recommended punishment] is the basic area (6 months-2 years-2 years-2) of the first type of indecent act (the subjects of 13 years-2 years-2 years-2).

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