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(영문) 서울중앙지방법원 2016.10.28 2016고단5520
준강제추행
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 23, 2016, from around 08:00 to 08:15 on the same day, the Defendant committed an indecent act against the victim by inducing the victim, who was frightened with the victim and D, while drinking together with D when the victim was fright at the same day club in Gangnam-gu Seoul, the studio 103 from around 08:0 on the same day, and 27:0 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Entry of C in the protocol of suspect examination of the accused in the prosecution;

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

1. Article 299 of the Criminal Act and Articles 299 and 298 of the Criminal Act, the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act (The following favorable reasons for sentencing) shall be suspended from execution;

1. Although the grounds for sentencing under Article 62-2 of the Criminal Act, Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes have not yet been agreed with the victim, it is a contingent crime committed by the defendant's house to drink only at a club, and the father and degree of the indecent act, the confession and the degree of the crime late later, the confession and the reflect of the crime, the fact that the defendant has no previous and has no criminal record over the suspended execution, and the defendant's conviction on the crime subject to the registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is confirmed, the defendant is a person subject to the registration of personal information under Article 43 of the same Act, and the defendant is obligated to submit personal information pursuant to Article 43 of the same Act.

The age, occupation, risk of recidivism, motive for committing a crime, progress and seriousness of a crime, and the degree of disadvantage of the defendant resulting from the disclosure order or notification order, which is exempted from the disclosure order and notification order.

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