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(영문) 전주지방법원 2017.07.14 2017고단887
강제추행
Text

A defendant shall be punished by imprisonment for six 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 March 18, 2017, at around 4:50, the Defendant discovered the victim D (tentative name, string) who gets mixed on the street in front of the 103-dong, Yansan-gu, Seoul apartment house 103, the Defendant: (a) followed the victim; (b) 106, an elevator with the victim; and (c) the victim got on the 9th floor; and (d) the Defendant took off from the 8th floor to the 9th floor through an emergency stairs; (b) the victim was unable to open the door when the victim opened the front door door; (c) the victim was sound; and (d) the victim was able to drive away from the back of the victim to the emergency stairs; and (d) committed an indecent act on the part of the victim by hring the hring.

1. Statement by the defendant in court;

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

1. Each investigation report (related to specific relation to the suspect, CCTV search for apartments, and the suspect's identity);

1. Application of the Acts and subordinate statutes concerning CCTV closure photographs;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. Grounds for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against an order to attend a course;

1. Where the review of the sentencing criteria [the scope of the recommended punishment] is limited to the case where the degree of punishment is weak and the case is weak in the area of special mitigation (one month to one year of imprisonment with prison labor) (the case of special mitigation).

2. The crime of this case was committed with an indecent act committed by the Defendant prior to the victim’s residence, which is highly dangerous to the method of committing the crime.

The favorable circumstances include the fact that the defendant recognizes the crime of this case, the degree of criminal conduct is relatively minor, the defendant does not want the punishment of the defendant in agreement with the victim, and the defendant has no record of criminal punishment in addition to the punishment of the fine once for the crime of this case.

The above circumstances and the Defendant’s age, sex, environment, etc.

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