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(영문) 서울북부지방법원 2015.12.17 2015고단3601
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

Punishment of the crime

1. On September 9, 2015, the Defendant committed an indecent act against C, committed an indecent act against the victim, such as putting his/her fingers into the part of the victim C (ma, 22 years of age) who was locked and was in the part of the victim C (ma, South and 22 years of age) and was in the part of the victim C (ma, i.e., he/she was unable to resist due to diving on the part of September 9, 2015.

2. At the time and place set forth in the preceding paragraph, the Defendant committed indecent act against the victim F, with the victim F (ma, 22 years of age) who was diving, committed indecent act against the victim F, by inserting the loss into the part of the victim, who was unable to resist due to diving, and by spreading the sexual flag.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each police protocol to F and C

1. Relevant Articles of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the crimes;

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of the reasons for the suspension of execution);

1. Criteria for sentencing grounds for sentencing under Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation or Order to Attend Course;

(a) Each quasi-indecent act by compulsion [type] general standard for the crime of indecent act by compulsion (subject to 13 years of age or older) - Special mitigation area (a month or year of imprisonment) - Special mitigation area (a special mitigation area): In cases where the exercise of tangible power is considerably weak, no penalty surcharge is imposed;

B. The scope of final sentence following the aggravation of multiple offenses: (a) under the decision of the sentence of imprisonment between January and June, the sentence of imprisonment, the major sentencing factors, Defendant’s age, character and conduct, intelligence and environment, motive for and environment of the crime, motive for the crime, details of the crime, and circumstances after the crime, etc., the execution of imprisonment is suspended on the condition of an essential additional disposition; (b) dynamic crimes; (c) the victims and victims do not want the punishment of Defendant by mutual consent (see this court’s receipt agreement on November 30, 2015). The same suspended sentence of sentence of punishment (the indecent act by force of a man on June 18, 2014) (the suspension of sentence of a fine of KRW 1 million is received on January 23, 2015).

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