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(영문) 서울북부지방법원 2017.10.12 2017고단2378
강제추행
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

The defendant and the victim D(the age of 26) are not different for the same company.

The Defendant, around 01:00 on August 23, 2016, 01: (a) was seated on the side of the victim D, kneee, knee, and knee, knee, knee, knee, kne, and feld the victim’s chest by hand, and forced the victim to commit an indecent act.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the witness D;

1. The credibility of the statement is recognized in light of the following facts: (a) investigation report (related to the site inquiry) and the site photograph of the case (the victim’s statement in this court and investigative agency) is consistent and specific as to the victim’s speech, behavior, content of damage, shot and response at the time of committing the instant crime; (b) the victim’s perception and response; (c) the situation before and after committing the instant crime; and (d) there are no other circumstances where the statement is false

Therefore, according to each evidence of the judgment, the application of the law is recognized as having committed an indecent act against the victim by force.

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.

The reason for sentencing is determined [the scope of recommended punishment] general standards, and the crime of indecent act by force (13 years or more).

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