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(영문) 서울북부지방법원 2016.10.27 2016고단721
강제추행
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

Punishment of the crime

On January 12, 2016, at around 00:20, the Defendant found the Enat “E” No. 28, located in Jung-gu Seoul Metropolitan Government, and opened the friendly F, which was seated next to the Defendant, and the victim G (the age of 37) who was seated next to the Defendant, she turned out due to the Defendant’s sexual harassment, and she turned out the victim’s arms at the right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The credibility of each statement of the witness G and F (each statement of the witness G and investigative agency in this case is recognized in light of the defendant's speech, content of damage, the fear and response of the victim, the situation before and after the crime at the time of the crime in this case, the circumstances in which the false statement is not visible, the witness F's statement is not contradictory to the witness F's statement, and the attitude of visible statement in this court, etc. According to each evidence in the holding, it is recognized that the defendant committed an indecent act against the victim by force) is applied to the law.

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

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

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

1. The criteria for sentencing of the reasons for sentencing (where there are special circumstances in which disclosure and notification of personal information of the accused should not be disclosed or notified) under Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure order and notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (in full view of the Defendant’s age, occupation, family environment, social ties, criminal records and the risk of recidivism, benefits and preventive effects expected from the disclosure order and notification order of this case, and disadvantages and side effects therefrom, etc.

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