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(영문) 서울동부지방법원 2017.02.03 2016고단3902
준강제추행
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

On November 7, 2016, at around 06:15, the Defendant: (a) described the victim E (the remaining, 34 years old) who was diving from the side of the Defendant in Songpa-gu Seoul, Songpa-gu, Seoul, by exposing the sexual organ of the victim E (the victim South, 34 years old) in the body room; (b) described the victim's sexual organ with the loss that occurred on the job, and committed an indecent act against the victim in a state of mental and physical loss by breaking the victim's sexual organ into the victim's sexual organ and breaking it once.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Application of investigation reports (in-depth and search investigation), and application of field photographs-related statutes;

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

1. Article 62(1) of the Criminal Act on the stay of execution (The following extenuating circumstances are considered in favor of the sentencing in mind):

1. Reasons for sentencing under Article 62-2 of the Criminal Act for community service and order to attend lectures;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] general standards and the basic area (six months to two years) of the crime of indecent act by force (subject to at least 13 years of age) is nonexistent;

2. Circumstances unfavorable to the decision of sentence: The defendant commits the crime of this case at the same place in around 2006, even though he/she had the record of committing the similar crime, and at the same time, he/she commits the crime of this case, and the extent of indecent conduct is very serious, and the circumstances favorable to him/her that is not agreed with the victim: The defendant is led to confession and reflect. The defendant has no record of punishment exceeding a fine, and the defendant is under the duty to submit personal information to the competent agency pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, in cases where the conviction of the crime of this case in which he/she is subject to registration and submission of personal information, taking into account all the circumstances that include the defendant's age, occupation, sex, sex and environment, family relationship, motive and circumstance of the crime, relationship with the victim, circumstances after the crime, etc.

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