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(영문) 서울동부지방법원 2016.04.29 2016고단324
강제추행
Text

A defendant shall be punished by imprisonment for four 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 October 20, 2015, at around 22:26, the Defendant: (a) attempted to take the part of the victim’s body with a bend of the victim’s back, by reporting the victim E (the 33 years of age) who gets on an escalator in the direction of the exit area No. D No. 4 in Songpa-gu Seoul, Songpa-gu, Seoul (hereinafter referred to as “Woo”), and attempted to take the part of the victim’s body with a bend of the victim’s back, but, as it is not well, attempted to bring the victim’s humbbbbbbs, by forcing the Defendant’s hand into the victim’s humbbbbbs.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of photographs (CCTV closures and transportation cards using suspects) Acts and subordinate statutes;

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

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

1. Reasons for sentencing under Article 16 (2) and (4) of the Act on Special Cases concerning the observation of protection, and the punishment, etc. of sexual crimes committed against orders to take lectures;

1. Where the exercise of tangible power (one month to one year) in the area of special mitigation (one month to one year) is considerably weak and the degree of conduct is significantly weak, in the case of the crime of indecent conduct by force (subject to 13 years or more) on the basis of the general criteria of the sentencing guidelines [the scope of recommended punishment];

2. Determination of sentence: In the event that the Defendant was sentenced to a fine for the same type of crime in 2013, which is disadvantageous to the suspension of execution: (a) the Defendant is led to the confession and reflect of the Defendant; (b) the Defendant committed a crime in favor of committing the instant crime; and (c) the Defendant is committed not to repeat the crime. The degree of indecent act is relatively minor. The Defendant’s age, sex and environment, family relationship, motive, means and consequence of the crime, relationship with the victim, and all other circumstances constituting the conditions for sentencing as indicated in the record, including the following: (a) the registration of personal information and conviction of the criminal facts, which are subject to registration, is finalized, by taking into account: (b) the Defendant’s age, sex and environment, family relationship, motive, means and consequence of the crime; and (c)

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