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(영문) 서울북부지방법원 2019.06.27 2018고단3931
준강제추행
Text

The punishment of the accused shall be set forth in six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 22, 2018, around 11:10 on June 2, 2018, the Defendant, at the second floor of Seongbuk-gu Seoul, set soup, set soup, the victim D (at the age of 21, 21) was locked, and the Defendant got her chest out from the side of the victim.

Accordingly, the defendant committed an indecent act against the victim in a state of impossibility of resistance.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statements made to D;

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

1. Article 62 (1) of the Criminal Act;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. The reason for sentencing is determined as follows: (a) comprehensively taking account of the following: (i) disclosure and notification of personal information of the accused; (ii) notification; (iii) notification of an employment restriction order; (iv) notification of the accused; (iv) notification of the accused’s personal information; (v) notification proviso to Article 49 (1); (v) proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; (v) proviso to Article 56 (1); (v) Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); and (v) Article 59-3 (1) proviso to the Act on Welfare of Persons with Disabilities (age, occupation, family environment; (v) risk of recidivism; (v) disclosure and notification of criminal records; and (v) profits expected by an employment restriction order; and (v) disadvantages and side effects therefrom; and (v) the sentencing

1. The range of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] general standard and the area where the punishment is not imposed in the mitigated area (one month to one year) of the first type of the crime of indecent act by force (the objects which are at the age of 13 or more);

2. At a soup making soup of the sentence, the victim was satisfed by the Defendant, and the sexual humiliation or mental shock was not easy, and the victim was not satisfed.

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