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(영문) 서울북부지방법원 2016.05.26 2015고단2199
강제추행등
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

1. At around 12:55 on June 13, 2015, Defendant 2015, Defendant 2199, she joined the main points of “D” located in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu, and breaddd the breath of the victim E (e.g., 22 years of age) who was drinking together with drinking together, she mard the breath of the chest at the end of the hand after aground. The breath of the victim F (e.g., 27 years of age) who said breath of the breath.

On the other hand, the Defendant continued to move the victim F to toilets within the above main point in order for the Defendant to move to the Defendant and brought the Victim F to the Party F, while the Victim F was called to go to the Party F.

Accordingly, the Defendant committed an indecent act against the victims on two occasions as above.

2. Defendant 2015 J and Defendant 2487 did not comply with the above training without justifiable grounds despite receiving a notice of call for military force mobilization training under the name of the head of the Seoul Regional Military Affairs Administration, stating that the Defendant’s mother would undergo military force mobilization training conducted from May 26, 2015 to May 28, 2015 by the male mother of Dobong-gu Seoul and the Defendant’s mother from May 26, 2015 to May 28, 2015.

Summary of Evidence

[Judgment 1]

1. Partial statement of the defendant;

1. Each statement of witness F, H, and I;

1. Statement of the police statement to E [the fact under Decision 2]

1. Statement by the defendant in court;

1. Accusation against any offender of the Military Service Act;

1. A written accusation;

1. Application of Acts and subordinate statutes to notice of convening military forces mobilization training;

1. Relevant provisions of the Criminal Act and Article 298 of the Criminal Act concerning facts constituting an offense, the choice of punishment, and Article 90 (1) of the Military Service Act (the point of failing to participate in military force mobilization training) and the choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by an Order to attend a lecture or an order to provide community service;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse (the defendant's identity)

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