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(영문) 서울동부지방법원 2016.06.24 2016고단782
준강제추행
Text

A defendant shall be punished by imprisonment for four 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

On July 26, 2015, the Defendant: (a) opened a entrance door at C201 located in Gwangjin-gu Seoul Special Metropolitan City on July 26, 2015; and (b) committed an indecent act against the victim who was in a non-rupture of resistance on the part of the victim D (V, 19 years of age) who was divingd in the second floor bed and kidds down.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of each statute of the E, F and G preparation;

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 stay of execution (Article 62 (1) of the Criminal Act on the grounds for sentencing as follows);

1. Reasons for sentencing under Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service and Order to take lectures;

1. Where the degree of prosecution is weak in the mitigation area (one month to one year) (special mitigation person) of the mitigation area (one month to one year) of the types of the crime of indecent conduct in force (subject to at least 13 years) on the grounds of the general criteria (the scope of recommended punishment).

2. Determination of sentence: In the event a judgment of conviction becomes final and conclusive on a sex offender subject to registration, taking into account the Defendant’s age, occupation, sex, environment, family relationship, circumstances after the crime, etc., and other conditions of sentencing as indicated in the record, in light of the risk thereof, the Defendant committed an indecent act against the victim who was locked by multiple persons, and thus, the nature of the crime is not somewhat weak in light of the risk thereof. A favorable circumstance in which the Defendant does not make any particular effort to recover from damage: (a) the Defendant committed the instant crime under the influence of alcohol; (b) the prosecution administration is relatively insignificant; (c) the Defendant committed the instant crime under the influence of alcohol; (d) there is no record of punishment exceeding the same criminal record and fine; and (d) there is no other record of punishment against the Defendant; and (e) the Defendant is 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; and (e) the Defendant is a person subject to registration of personal information under the jurisdiction pursuant to Article

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