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(영문) 서울북부지방법원 2017.01.12 2016고단4118
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 July 1, 2016, at the street near Seongbuk-gu Seoul on July 1, 2016, the Defendant committed an indecent act by force against the victim, such as: (a) by drinking the victim D (the 23-year old age), who was a mixed road, by forcing the victim to commit an indecent act; (b) putting the victim’s left arms on his hand; (c) putting the victim’s hand into the part of the body of the victim; and (d) intending to keep the victim’s knife by inserting his hand into the knife with the knife of the victim’s knife; and (c) forcing the victim to commit an indecent act.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

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 suspended execution;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, profits and preventive effects expected due to the instant disclosure order and notification order, disadvantages and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

In conclusion, the reason for sentencing [the scope of recommended punishment] is the general standard for sentencing, and the sentence is the same as the order, comprehensively taking into account the following conditions: (a) the mitigation area (one month to one year) (the special mitigation person); (b) the mitigation area (one month to one year) the mitigation area (the special mitigation person); and (c) the defendant’s age, occupation, sex, family relationship, and circumstances before and after the crime.

- The sexual humiliation or mental impulse of the victim frightened frighten - the recognition and reflect of the crime, and there is no record of punishment for sex crimes, and the registration and submission of personal information with the victim as soon as possible.

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