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(영문) 서울북부지방법원 2018.02.08 2017고단3428
준강제추행
Text

A defendant shall be punished by imprisonment for four 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 May 13, 2017, around 06:34, the Defendant committed an indecent act against the victim, such as taking care of the body of the victim, taking care of the body and taking care of the body of the victim's body to the side of the victim, and taking care of the body of the victim's body, taking into account the body of the body of the victim's body, making it possible for the victim to take part in the body of the victim's right chests in the body of his arms, and making it possible for the victim to take part in the body of his arms.

Accordingly, the defendant committed an indecent act against the victim by taking advantage of the victim's non-satisfy situation.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the respective Acts and subordinate statutes of witness C and D;

1. Relevant Article of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning 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 reason for sentencing [the scope of recommended punishment] is the general standard for sentencing (the target of 13 years or more). The nature of the crime of this case is poor (6 months or more) in the basic area (the crime of this case). The defendant has the record of being suspended from indictment due to the crime of forced indecent act, and the defendant has the record of being sentenced to suspension of indictment due to the crime of forced indecent act, and the conditions of the sentencing indicated in the records such as the defendant's age, occupation, sex, family relation, and conditions before and after the crime are considered as the order.

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