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(영문) 서울중앙지방법원 2016.11.11 2016고단6119
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

At around 03:20 on August 7, 2016, the Defendant discovered the victim D (n, 42 years of age) who walked on the road in front of the Busan Southern Police Station C District located in the Busan Southern Police Station C District, and caused the victim to talk with her own hand after the victim's left hand, and let the victim walk out the victim's chest with her left hand, and let the victim walk out the victim's chest with her own hand, then, the Defendant got out the victim's chest back to the floor, and caused the victim's her left hand to not resist the victim's chest by her left hand, and became only the victim's buckbuck.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following favorable reasons for sentencing) shall be suspended from execution;

1. Although the degree of exercising the force of force against the victim for the reason of sentencing under Article 62-2 of the Criminal Act, Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is not yet agreed upon, the defendant is obligated to submit personal information to the competent authority pursuant to Article 43 of the same Act, on the ground that a conviction on the crime subject to registration of personal information is confirmed after taking into account the defendant's age, occupation, character and conduct, family relation, motive and circumstance of the crime, and other various sentencing conditions, such as the defendant's age, occupation, personality and conduct, family relation, motive and circumstance of the crime, etc.

The age, occupation, risk of recidivism, motive, progress and seriousness of the crime, the degree of disadvantage and anticipated side effects of the defendant's entry due to the disclosure order or notification order, and sexual crimes subject to registration which may be achieved due to such order.

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