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(영문) 서울북부지방법원 2017.03.23 2016고단4568
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

Around July 21, 2016, the Defendant committed an indecent act in “Esing” located in Dongdaemun-gu Seoul Metropolitan Government, on July 21, 2016, by force, on the part of the Defendant, on the part of the Defendant, excluding the Victim F (F, 38 years of age), and the part of the Defendant, excluding the Victim F (F, 38 years of age), with a view to getting the Victim into the toilet, she was deprived of the Victim’s satisf, with his/her chest, with his/her chest, and the Victim’s chest was kid by drinking.

Summary of Evidence

1. Partial statement of the defendant;

1. The credibility of the statement of the witness F (each statement made by the victim in the victim's court and investigative agency is recognized in light of the victim's act, content of damage, perception and response, the circumstances before and after the crime, and the fact that there seems to be any circumstances to be false in the statement, and the attitude of the statement in this court, etc.

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) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against an Order to attend a lecture or an order to provide community service;

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 sentences] The general standards for the crime of indecent act (subject to 13 years or more) are set forth in the first type (general indecent act) sentence in the basic area (6 months or 2 years) and the following circumstances.

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