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(영문) 서울북부지방법원 2018.04.12 2017고단5257
준강제추행
Text

The punishment of the accused shall be eight months by imprisonment.

However, the sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the employee of C and the victim D(n, 27 years of age) is the E Research Institute and has been aware of his duties.

At around 03:50 on August 12, 2017, the Defendant: (a) completed the workshop with C’s employees and E, and went to the room, and locked. At first, the Defendant was unable to enjoy from H’s inner wall; (b) however, in the forepart, the Defendant was able to move back to the victim’s side and walk up the victim’s side to the victim’s seat; (c) then, the Defendant was able to write off the victim’s side to the victim’s seat to the victim’s seat to the victim’s seat to the victim’s seat to the victim’s seat to the victim’s seat to the victim’s seat to the victim’s seat to the victim’s seat to the victim’s panty.

Accordingly, the defendant committed an indecent act against the victim by using the victim's resistanceable condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the laws and regulations on police statements made to D, I and J;

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

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

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Order to provide community service and attend lectures;

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.

I think)

Reasons for sentencing

1. The basic area (six months to two years) of the crime of indecent conduct in force (subject to at least 13 years of age) according to the general criteria for the scope of the recommended punishment according to the sentencing guidelines; and

2. He was aware of in the course of rendering the sentence of sentence;

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