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(영문) 서울북부지방법원 2017.09.14 2017고단1842
강제추행
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

At around 00:30 on March 28, 2017, the Defendant 15, “E” located in Gangnam-gu Seoul, Gangnam-gu, Seoul, performed drinking together with F, F, F’s female-friendly job-friendly victim G (V, 31 years old). The Defendant her crepits of toilets between the rest and the rest of the toilets, and her knifed with the victim’s left knife, and her knifed by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement made by the witness G and F (each statement made by the victim in this legal and investigative agency) is consistent and specific as to the Defendant’s speech, content of damage, the victim’s perception and response at the time of committing the instant crime, and the circumstances before and after the commission of the instant crime, and the credibility of each statement made by the witness G and F is recognized in light of the fact that there seems to be any circumstance to be false or false, and the attitude of the statement made by this

Therefore, according to each evidence of the judgment, the application of the law is recognized as having committed an indecent act against the victim by force.

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. 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.

In conclusion, the reasons for sentencing [the scope of recommended punishment] are the criteria for the general standard of sentencing [the scope of recommended punishment] and the basic area of sentencing (the general forced indecent act) (6 months to 2 years).

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