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(영문) 서울동부지방법원 2019.01.11 2018고단3613
강제추행
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a neighbor who resides in the family of the victim B (the family name, the female, the age of 22).

At around 10:00 on July 2, 2018, the Defendant: (a) divided the first race in the victim’s residence located in the Gwangjin-gu Seoul Special Metropolitan City Gwangjin-gu Seoul Special Metropolitan City (hereinafter “Seoul Special Metropolitan City Gwangjin-gu”) to the effect that the victim ought to come on the rooftop because of the victim’s response; and (b) made the victim go on the rooftop and go on the rooftop; and (c) made the victim move on the part of the victim; (d) made the arms move on the part of the victim; and (e) made the arms to go on the part of the victim; (e) asked the victim to go on the part of the victim; and (e) asked the victim to go on the part of the victim; and (e) made an indecent act by force, such as “I wish to go on the part of the victim, I wish to do so, and 200,000 won,” and “I wish to do so.”

Summary of Evidence

1. Defendant's legal statement;

1. The written statement made by the police against B;

1. The investigation report (No. 6 No.);

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed by Order to Provide community service and attend lectures;

1. Personal information is personal in light of the Defendant’s age, occupation, risk of recidivism, motive, method of committing the instant crime, seriousness of the instant crime, seriousness of the crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entry, preventive effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., comprehensively taking into account the following factors: (a) the Defendant’s age, occupation, risk of recidivism, the motive, method, consequence, and consequence of the instant crime; (b) the disclosure order or notification order.

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