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(영문) 서울동부지방법원 2017.03.31 2016고단4234
강제추행
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On October 8, 2016, the Defendant: (a) around 00:05, at the first floor female toilets of the Gangdong-gu Seoul Metropolitan Government building C, and (b) at around 00:05, at around 17, at the victim D (the age of 17) who was in the custody of cremation and was in the custody of cremation.

kisk only once.

The phrase “Astreging and rhing the victim’s her her son with his her son’s her son, and the victim her son her son with his her her son, and the her son her son her son with another son.

Therefore, the injured party was pushed the defendant, and the defendant got out of the locked female toilet, and again entered the victim's her inside, and the victim's her her her her her her her her her her her her her her her herb

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes to photographs by capturing CCTVs;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Grounds for the sentencing of the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against an order to attend school

1. Application of the sentencing criteria [types] and the range of general criteria for sex offenses (subject to persons with 13 or more years of age) and one type of indecent act (special indecent act by force): Reduction element of punishment [special sentencing factors]: Imprisonment with prison labor for one month or one year;

2. Determination of sentence: (a) comprehensively taking into account all the conditions of sentencing indicated in the records, such as the Defendant’s age, sex, environment, circumstances before and after the instant crime, and the details of the instant crime; and (b) the sentence as ordered.

A extenuating circumstances: A person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is a person subject to registration of personal information under Article 43 of the same Act in cases where a conviction is finalized for a crime of forced indecent conduct in the judgment that is a sex offense subject to the registration and submission of personal information, because the person is a person subject to registration of personal information under Article 42 (1) of the same Act.

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