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(영문) 서울북부지방법원 2017.02.02 2016고단5002
강제추행
Text

A defendant shall be punished by imprisonment for not less than eight 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 June 28, 2016, at around 17:55, the Defendant committed an indecent act against the victim E (the name, the 19-year age) who was seated in the Seoul Special Metropolitan City, Nowon-gu, the fifth floor DPC room and caused the occurrence to contact with the victim E (the 19-year age), leading the victim to be forced to commit an indecent act by committing an indecent act against the victim on his/her face and face.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

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 the event that the exercise of the tangible force (1 to 1 year) in the area of special mitigation (1 to 1 year) is considerably weak, where the degree of prosecution is weak, the punishment as ordered is determined by comprehensively taking into account the following conditions under the decision of the sentence and other conditions of the sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime.

- The recognition of the crime and reflectability, and the degree of prosecution are relatively minor, that the victim was unlikely to feel sexual humiliation, that the victim was punished for the same crime in 2013, and that the victim was punished for the same crime.

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