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(영문) 서울북부지방법원 2018.07.05 2018고단1825
준강제추행
Text

The punishment of the accused shall be eight months by imprisonment.

However, the sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 15, 2018, around 04:50, the Defendant discovered the victim D (one’s name) who was locked in Nowon-gu, Seoul Special Metropolitan City, Nowon-gu’s B and 7th floor C, and accumulated it in the victim’s side, and committed an indecent act against the victim by using the victim’s left hand.

2. On March 15, 2018, around 05:28, the Defendant discovered the Victim E (Influence) who was divingd at the place specified in paragraph (1) at around 05:28, and committed an indecent act against the Defendant by rhyming the victim’s clothes with his left hand.

Accordingly, the defendant committed an indecent act against the victims of mental and physical loss or incompetence.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to D (tentative name) and E (tentative name);

1. Application of the Acts and subordinate statutes to photographs taken by a police officer in charge of the on-site mobilization to the scene, CCTV images caps, and CCTV image data;

1. Relevant Article of the Criminal Act and Articles 299 and 298 of the Criminal Act, the choice of punishment for a crime, and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

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

1. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, profits and preventive effects expected due to the instant disclosure order and notification order, disadvantages and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

I think)

Reasons for sentencing

1. Scope of the recommended sentences according to the sentencing criteria;

A. The basic area (6 months to 2 years) of the crime of indecent conduct under the general standard of crime No. 1 [the scope of recommended punishment] is the basic area (the general indecent conduct in force).

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