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(영문) 서울북부지방법원 2017.03.30 2017고단377
강제추행
Text

A defendant shall be punished by imprisonment for four 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 November 30, 2016, at around 02:00, the Defendant forced the victim to commit an indecent act by “C main points”, which are located under Dongdaemun-gu Seoul Dongdaemun-gu Seoul, by viewing that the victim D(the age of 32) dances the victim, and that the victim Da himself son son son son son son son son son and son son son son son son son son son son son son son son son son son son son son son son son son son son.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D and 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 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 judgment that the victim was suffering from fear of sexual humiliation or mental impulses does not be less severe, and that there was a history of punishment for a suspended sentence once for the same kind of crime - the recognition and reflect of the crime, and the registration and submission of personal information with the victim, which is a sex crime subject to registration.

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