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(영문) 서울북부지방법원 2016.04.14 2015고단2812
강제추행
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 16, 2015, the Defendant found the victim D (the age of 18) who was sitting together with one female driver on the back of the sandy president at the Johion of the Calone in early 00:20 on July 16, 2015, and the Defendant solicited the victim to “the same playing,” but the victim rejected the victim’s hand, leading the victim’s hand, and caused the victim’s chest to fright up two times with his son who was frightened with his her fright.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement protocol against D, E, and F (the defendant and his defense counsel claimed that although the defendant had a face to the shoulder of the injured party, the defendant's upper arms did not take charge of the injured party's chest.

In light of the fact that the victim's statement is consistent and specific about the defendant's act, contents of damage, the victim's perception and response, the situation before and after the crime, the witness E's statement also conforms to the witness E's statement, and the circumstances where the victim's statement cannot be published falsely, credibility is recognized, and credibility is also acknowledged.

Therefore, according to each of the above evidence, the facts charged of this case are fully recognized).

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. Article 47(1) and Article 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and notification order, the proviso to Article 49(1) and the proviso to Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, occupation, family environment, social ties relationship, criminal record and risk of recidivism, profits and preventive effects expected from the disclosure order and notification order of this case, and disadvantages and side effects therefrom.

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