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(영문) 서울북부지방법원 2016.05.12 2015고단4110
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 October 6, 2015, the Defendant: (a) around 16:40 on October 6, 2015, under Seongbuk-gu Seoul Seongbuk-gu Seoul, and (b) on the victim D (at the age of 22) who was seated in the event, she was inside the camping, she was doing so at this time.

“.....”

Therefore, in order for the victim to avoid the defendant, the defendant committed an indecent act by force against the victim by cutting the victim's left arms on one hand and using another hand the victim's right chest.

Summary of Evidence

1. Partial statement of the defendant;

1. Witness D’s statement (the defendant and defense counsel) asserts that the defendant does not have any fact rhythizing the victim’s chest.

However, the credibility of statements made by the victim in the court and the police is recognized in light of the following facts: the defendant's act, damage content, the fear and response of the victim, the situation before and after the crime, and the fact that there seems to be any circumstance to be false in the victim's statement.

Therefore, according to each evidence of the judgment, the application of the law is sufficiently recognized that the defendant committed 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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

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.

The reason for sentencing is determined [the recommended sentence].

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