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(영문) 서울동부지방법원 2017.10.20 2017고단1725
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

At around 10:30 on April 23, 2017, the Defendant committed an indecent act by force against the victim, i.e., the husband of the victim, who was under the table table that the her husband was under the influence of alcohol, while drinking together with the husband of the victim and the her husband, who was under the influence of alcohol within the “E” food operated by the victim D (V, 49 years old) located in Songpa-gu Seoul Metropolitan Government 1st century.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each of the statutory statements made by witnesses D and F

1. Article 298 of the Criminal Act applicable to the crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for the sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Scope of Recommendation / [Scope of Recommendation] No person who does not have a basic area (6-2 years to 13 years or more) (limited to any person subject to special sentencing] [decision of sentence] under the following circumstances and other conditions of all the sentencing indicated in the records, such as the defendant's age, sexual behavior, environment, circumstances before and after the instant crime, and circumstances before and after the instant crime, etc., shall be determined as per the order.

The circumstances that are disadvantageous: The defendant is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit personal information to the relevant agency pursuant to Article 43 of the same Act, in cases where a conviction against the defendant is finalized with respect to the crime that is a sex crime subject to registration and submission of personal information, which is an contingent crime that is drunk, a primary and reflect crime, and a sex crime that is subject to registration.

The defendant's age, occupation, risk of recidivism, type and motive of the crime of this case, process of the crime, results and seriousness of the crime, order of disclosure or disclosure.

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