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(영문) 서울서부지방법원 2017.07.14 2016고단3825
강제추행
Text

1. The defendant shall be punished by imprisonment with prison labor for eight months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

around 01:00 on October 7, 2016, the Defendant saw short mar in the vicinity of the E subway Station located in Mapo-gu Seoul Metropolitan Government, and committed an indecent act by force against the victim by finding out the victim F (n, 24 years old) and driving away from the victim by attempting to commit an indecent act against the victim. On the same day, around 01:05 of the Seoul Mapo-gu apartment house 106 on the same day, at around 01:06 of the same day, the Defendant mard the victim’s shoulder, knife the victim’s shoulder, knife the victim’s shoulder, and knife the part of the victim’s sound into the front part.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of statutes on video data;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

2. Article 62 (1) of the Criminal Act ( considered as favorable circumstances, etc. among the following reasons for sentencing).

3. Article 16 (4) and (9) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order;

4. 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. Recommendation and sentence of sentencing guidelines: Where the exercise of tangible force (one month to one year) in the mitigated area (one year from one year) is considerably weak, in cases where the punishment is chosen, for which compulsory indecent conduct (subject to 13 years or more) is to be committed, for not more than one year (the scope of recommended punishment).

1. Unfavorable circumstances: The defendant committed an indecent act on the road by following the victim who is frightly drinking and giving an opportunity to do so; in light of the fact that the degree of indecent act is very poor; the victim was committed an indecent act without the sea at night, and the victim seems to have suffered considerable mental shock; and the defendant was not able to receive a letter from the injured person;

1. favorable circumstances: The defendant appears to have an attitude that seems to reflect on the defendant's wrongness, and the fact that there was no criminal history prior to the instant case, etc., are the age, sex, family environment, and motive, means, and means of committing the crime.

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