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(영문) 서울서부지방법원 2016.06.22 2016고단148
강제추행
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

【Criminal Records】 On September 16, 2015, the Defendant was sentenced to six months of imprisonment and two years of suspended execution by obstructing the performance of official duties at the Seoul Western District Court.

On January 23, 2016, the above judgment became final and conclusive.

【Criminal Facts of crime】 On December 20, 2015, the Defendant: (a) brought the victim E (n, 35 years of age) in the front of the victim E (n, e.g., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e., the e. the

Summary of Evidence

1. Legal statement of witness E;

1. Statement made by the police for E;

1. A E-document;

1. A copy of the CCTV images of the place of occurrence and the suspect wire;

1. Previous convictions in the judgment: A criminal investigation report (verification of the fact that the defendant was a single concurrent offender after Article 37 of the Criminal Act) ( according to the defendant's movement route and handout, etc. known by "the location of occurrence and CCTV images of the suspect, etc.", it is recognized that the defendant partially saw her her her her her t

Application of Statutes

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

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That the first sentence of Article 39 (1) shall be applicable;

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

1. The reason for sentencing under Article 62-2 of the Social Service and Criminal Act [Scope of Recommendation] is the case where the degree of compulsory indecent conduct (13 years or more) in the mitigation area (1 month to 1 year or year) is weak (1 month or year to 13 years or more) (3) of the mitigation area (1 month or year to 13 years or more), and the sentence of imprisonment is imposed as a result of the failure to seriously reflect, such as denying the crime even though the crime can be clearly acknowledged by CCTV images, etc.; however, the sentence is imposed as a result of the failure to seriously reflect, such as denying the crime; however, the period of imprisonment is set as 4 months in consideration of the degree of conduct, the fact that there is no history of the same crime; the equity in the case where the judgment becomes final and conclusive; and the execution of the sentence is suspended for prevention and edification of recidivism.

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