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(영문) 서울남부지방법원 2017.10.25 2017고단2417
준강제추행
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

On May 4, 2017, the Defendant, at around 14:10 on May 4, 2017, performed drinking together with the Defendant’s friendships, including the victim, at the residence of the victim E (n, 24 years of age) located in Gangseo-gu Seoul Metropolitan Government, with the victim’s friendships, entered the small room of the said residence, and entered the locker, the above small room, and knife the victim’s chest, knife, and knife.

In this respect, the victim committed indecent acts by using the state of arbitracy.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of statutes related to field photographs;

1. Relevant Article of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the choice of punishment;

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

1. Surveillance of protection, community service order and order to attend a lecture under Article 62-2 of the Criminal Act, Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Reasons for sentencing under Articles 47 (1) and 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Public Disclosure Order or Notification Order;

1. The scope of applicable sentences under law: Imprisonment for one month to ten years; and

2. Scope of the recommended punishment [the types of decisions] according to the sentencing guidelines for sex offenses (the persons subject to 13 years or more) committed by compulsion in general (1) [the person subject to special sentencing] and the mitigated elements: In the area of mitigation of punishment [the area of recommendation and the scope of recommendation], the area of mitigation of punishment [the area of recommendation and recommendation], one month to one year;

3. Grounds for a suspended sentence [major reasons for a suspended sentence] positive: Non-permanent grounds for a suspended sentence (general grounds for extenuating circumstances): Any concealment or concealment of evidence after committing a crime, positive measures: obvious social ties, and serious reflections.

4. The Defendant was sentenced to a disposition of suspension of indictment on a leading conditional basis for the crime of injury resulting from forced indecent act in 2009. On March 23, 2012, the Defendant was sentenced to a suspended sentence of three years due to the crime of injury by rape on March 23, 201, and was sentenced to a suspended sentence of five years on June 9, 2012, and was sentenced to the instant crime during the suspended sentence period after the said judgment became final and conclusive on June 9, 2012. All of the above two cases are crimes committed against women who are not aware of at night, and thus, the relevant crime is not very good. However

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