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(영문) 서울북부지방법원 2016.12.22 2015고단3761
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 15, 2015, the Defendant was the president of the “C”. On March 13:00, the Defendant committed an indecent act on the part of the victim, i.e., the mountain members and the mountain members of the Gangnam-gu Seoul Metropolitan Government, while drinking alcohol with those of the mountain members in the same mountain as those of the mountain members. After the Defendant’s authority to take the hand of the victim F (M, 30 years of age) who is a like mountain member, the Defendant took the hands of the same mountain member, and followed the victim’s drinking alcohol, and then the victim’s humf was humbly humbly humbly humbly humbly humbly humd the victim’s humb

Summary of Evidence

1. Partial statement of the defendant;

1. The credibility of each statement made by the witness FF, G, H, and I (each statement made by the victim in this legal and investigative agency is generally consistent and specific as to the defendant's speech, content of damage, the victim's perception and response, the situation before and after the crime in this case, and any other circumstance that the statement cannot be falsely opened, the witness G, H, and I's statement does not conflict with the witness G, H, and I's statement, and the attitude of the victim's statement in this court is recognized in light of the above facts, etc. According to each evidence of the judgment, including the victim's statement, it is recognized that the defendant committed an indecent act by the victim) shall be applied to the law.

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

1. Article 62 (1) of the Criminal Act;

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

1. In full view of the following circumstances: (a) the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism; (b) the benefits and effects expected due to the instant disclosure order and the instant notification order; and (c) disadvantages and side effects therefrom, etc., the Defendant’s personal information may not be disclosed or notified, in light of Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and notification order; and (d) the Defendant’s age, occupation, family environment, social relationship, and criminal record and risk of recidivism.

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