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(영문) 서울북부지방법원 2016.10.20 2014고단4140
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 February 16, 2014, at around 01:45, the Defendant: (a) read “Dcafeteria” in front of the “Dcafeteria” located in Jung-gu Seoul Metropolitan Government, as follows: (b) the Victim E (Inn, 40 years old); and (c) the Defendant read “the sender at the same time, at the night, of the foregoing defect and ury.”

In his hands, the victim's chest was forced to commit an indecent act on the part of the victim twice.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of witness E;

1. The witness F's statement in the fourth protocol of trial (each statement in this court and investigative agency of witness E is generally consistent and specific as to the defendant's speech, contents of damage, the victim's perception and response, the situation before and after the crime of this case, the circumstances where the false statement cannot be changed, the witness F's statement is not inconsistent with the witness F's statement, and the witness F's statement attitude in this court, and its credibility is recognized in light of these facts. Accordingly, according to each evidence of the judgment, according to the evidence of this case, the defendant's statement in this court is acknowledged to have committed an indecent act against the victim).

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. Standard for sentencing of the reasons for sentencing [where there are special circumstances in which disclosure or notification of personal information of the accused is prohibited,] the general standard for sentencing of the crime of indecent act by compulsion (subject to the age of 13 years or more) under Article 47(1) and the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the Disclosure Order and Notification Order, taking into account the Defendant’s age, occupation, family environment, social relationship, criminal record and risk of recidivism, profits and preventive effects expected from the disclosure order and the disclosure order of this case and the disclosure order of this case, and disadvantages and side effects therefrom, etc.

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