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(영문) 서울북부지방법원 2016.01.21 2015고단3671
강제추행
Text

A defendant shall be punished by imprisonment for four 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 September 11, 2015, around 19:15, the Defendant: (a) committed an indecent act by coercion against the victim by forcing the victim to talk with the victim’s sound by a method of sending the victim’s sound to the victim’s own hand. (b) Around September 19:15, 2015, the D station service room located in Dongdaemun-gu Seoul Metropolitan Government (hereinafter “D station service room”).

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

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 stay of execution (preliminary consideration of the following grounds for sentencing):

1. Standard for sentencing on the grounds of sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes / [type] Standard for Sentencing of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes / [The scope of recommendations] / Special mitigated area (one month or one year from imprisonment with prison labor) - Where the exercise of tangible power is considerably weak, the defendant is sentenced to punishment in consideration of his/her age, sexual behavior, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, and all kinds of sentencing conditions, such as punishment, and the degree of mental shock of the victim, and the duty to register personal information and to submit personal information from the damaged person is finalized by Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes / [the case]

The defendant's age, occupation, risk of repeating a crime, details and motive of the crime, method and seriousness of the crime, record of punishment, disclosure order or notification order of personal information is exempted.

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