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(영문) 서울북부지방법원 2018.02.08 2017고단2986
강제추행
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 2, 2017, around 18:30 on June 2, 2017, the Defendant, under the influence of D Public Notice in Jung-gu Seoul Metropolitan Government C, she was drunk to the victim E (n'e, 58 years of age), she was bread to the victim E (n'e, 58 years of age) by her hand at the front of the D

In addition, the defendant rootsd the defendant's hand and fledd the victim with a 10-meter amount of escape, and the victim was able to have the injured by the second hand.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the respective Acts and subordinate statutes of witness E, F and G;

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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

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 reasons for sentencing [the scope of recommended punishment] of general standards for sentencing [the scope of recommended punishment] is determined by comprehensively taking into account the following circumstances: (a) the sentence of "one type of indecent act" (the general compulsory indecent act") in the basic area (from June to two years) and other conditions of sentencing indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the commission of the crime.

- The sexual humiliation of the victim is not easy to feel sexual humiliation, - the registration of personal information that has no record of punishment for sexual crimes, and the conviction of the crime that is a sex offense subject to registration is finalized.

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