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(영문) 서울중앙지방법원 2016.08.17 2016고단3123
준강제추행
Text

A defendant shall be punished by imprisonment for six 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

around 05:50 on April 13, 2016, the Defendant committed an indecent act against the victim by taking advantage of approximately 2 minutes of the victim’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the CCTV video CD-related Acts and subordinate statutes to the crime scene;

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 reason for the sentencing under Article 62-2 of the Social Service Order Act / [type determination] the general standard for the punishment of indecent acts committed by force (subject to 13 or more years of age) in accordance with the general standard / [Special Sentencing Person] - (Special Indecent Acts by force) - (where the exercise of force is considerably weak, the degree of conduct is weak) / [Determination in the sphere of recommendation] Decision in the area of special mitigation / [the scope of recommended punishment] 1 to 1 year / [the scope of suspended sentence] / The main reason for the suspended sentence / (where the degree of indecent acts in the crime of indecent acts is weak) - The main reason for the suspended sentence is positive (where the degree of indecent acts in the past is weak in the crime of indecent acts), it is obvious that the defendant committed the crime in this case even though he had been sentenced to one fine due to the same kind of crime before the sentence]. In addition, the defendant did not receive a letter from the injured party and the victim suffered mental impulse.

On the other hand, the sentence like the order was determined by considering the favorable and unfavorable circumstances such as the defendant's age, sex, home environment, and circumstances before and after the crime, and the sentencing conditions as shown in the arguments, such as the defendant's age, sex, home environment, etc.

Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information.

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