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(영문) 서울북부지방법원 2018.01.11 2017고단2291
강제추행등
Text

A defendant shall be punished by imprisonment for not more than ten 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

1. On February 10, 2017, the Defendant was forced to commit an indecent act: (a) around 02:10 on February 10, 2017, and (b) around the frame located in Dobong-gu Seoul Metropolitan Government C; (c) the Defendant first met on the day; and (d) the victim D who returned home after drinking with the Defendant (at least 49 years of age); and

When the victim refuses to do so while "I am at the Do, B, and B, the victim's face was knicked by his own hand and knicked with the victim's chest, and knife the victim's chest by hand."

2. On February 10, 2017, at around 02:30 on February 10, 2017, the Defendant damaged the repair cost of KRW 415,787 on the part of the victim F owned by the victim F, who was parked in the building parking lot of Dobong-gu Seoul, without any justifiable reason, and damaged that the repair cost of KRW 143,00 on the part of the victim’s G owned by the victim’s G owner, such as the string of the outer surface of the string of the XG car car string, which was cut off by the string of the string of the string of the string of the string of the string of the string of the car.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the witness D;

1. Statement made by the police against D;

1. A written statement of F and G;

1. A copy of a written estimate of general repair costs;

1. Reports on internal investigation (related to attaching photographs of damage to property), photographs of damage to property;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, Article 366 of the Criminal Act, and the choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse (the Defendant’s age, occupation, family environment, social ties, criminal record, and risk of recidivism, and the disclosure of this case’s order.

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