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(영문) 서울북부지방법원 2016.01.07 2015고단3209
강제추행등
Text

A defendant shall be punished by imprisonment for not less than eight 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 August 1, 2015, the Defendant found the victim E (n, 22 years old) coming from the opposite part of the “D cafeteria” located in Jung-gu Incheon Metropolitan City, Jung-gu around 23:00, and committed an indecent act by force against the victim by making the victim’s left chest only once by hand.

Summary of Evidence

1. Statement by the defendant in court;

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

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 (affirmative considering the reason for sentencing);

1. Standard for sentencing for the reason of sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes / [type] Standard for the Punishment of Sentence 1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes / [the scope of recommended punishment] Special mitigated area (one month to one year from imprisonment), - Special mitigated area (the scope of recommended punishment): Where the exercise of tangible power is considerably weak, and where the degree of conduct is weak, the defendant's age, sexual behavior, intelligence and environment (which refers to one's own occupation as the Constitution), the execution of imprisonment is suspended on condition of additional disposition, taking into account all the sentencing conditions, such as the defendant's age, sexual behavior, intelligence and environment (which refers to a person who has established the Constitution), motive, content of the crime, and circumstances after the crime. The existence of special mitigated persons, such as victim's punishment, including personal information, has no same type of criminal records and no obligation to file for a suspended sentence (which is referred to as 4 years or more), and the defendant has no obligation to submit personal information concerning a sex crime under Article 201 of the Act.

The defendant's age, occupation, risk of recidivism, and crime of exemption from an order of disclosure or notification of personal information.

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