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(영문) 서울북부지방법원 2018.01.18 2017고단3892
강제추행
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 June 20, 2017, at around 18:30, the Defendant committed an indecent act by force against the victim E (one person, half person, 52 years old) of the victim E (one person, half person, and 52 years old) who tried to put the Defendant in prison, as the Defendant’s right stop.

Summary of Evidence

1. Partial statement of the defendant;

1. The credibility of the statement of the witness E (the victim's statements in this court and in investigative agencies is recognized in light of the victim's behavior, content of damage, the victim's perception and response at the time of the crime of this case, and the circumstances where the victim's perception and response before and after the crime of this case do not appear to be any other reason to be false in the statement.

It is recognized that the defendant has delivered the victim's chest, and the defendant may also have the intention to commit an indecent act.

Therefore, it is recognized that the defendant was forced to commit an indecent act against the victim).

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 suspended execution;

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

1. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, profits and preventive effects expected due to the instant disclosure order and notification order, disadvantages and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

In conclusion, the reasons for sentencing [the scope of recommended punishment] are as follows: (a) type 1 (general compulsory indecent act) which is the basic area (6 months to 2 years) of the crime of indecent act (subject to more than 13 years).

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