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(영문) 서울동부지방법원 2014.11.07 2014고단2174
준강제추행
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On June 3, 2014, around 05:20 on June 3, 2014, the Defendant discovered the victim B (the 22 years of age) who was divingd by being charged to the guest room immediately next to the police hospital No. 9 while drinking alcoholic beverages at the funeral room 10, Songpa-gu Seoul Metropolitan Government Police Hospital funeral hall No. 123, and found the victim's knife the victim's knife by inserting the knife into the body of the victim, and added the victim's knife the knife at one time.

Accordingly, the defendant committed indecent acts against the victim by taking advantage of the victim's potential to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol protocol law to B

1. Article 299 of the Criminal Act and Articles 299 and 298 of the Criminal Act, the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 16(2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Defendant seems to have been significantly and mentally shocked by the victim, and the fact that the victim wants to severely punish the Defendant is disadvantageous to the Defendant.

On the other hand, the fact that the defendant recognizes the crime of this case and reflects the fact that there is no other criminal punishment except that sentenced three times to a fine due to the crime of this type, the mother and the branch of the defendant seek the wife of the defendant, and that there is a certain place of work and support for his family, etc., which are obvious social relationship with the defendant is favorable to the defendant.

In this context, all the conditions of sentencing, including the degree of indecent act in this case, circumstances after the crime, the defendant's age, character and conduct, family environment, etc., shall be comprehensively taken into account the recommended sentence according to the sentencing guidelines of the Supreme Court Sentencing Committee (the general standard for the crime of indecent act by force (subject to the age of 13 or older), the basic area of the crime of indecent act by force (the general standard for the crime of indecent act by force), the period of

A defendant shall be punished for sexual crimes, etc. when his/her conviction on a sex offense subject to registration and submission of personal information becomes final and conclusive.

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