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(영문) 서울북부지방법원 2016.01.28 2015고단3681
강제추행
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 4, 2015, around 01:25, the Defendant committed an indecent act on the part of the victim by forcing him/her to commit an indecent act by discovering the victim E (n, 18 years of age) who was walking on the face of Seongbuk-gu Seoul National Bank.

Summary of Evidence

1. Statement by the defendant in court;

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

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 on the grounds of sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes / [type] General Standard for Sentencing / [Scope of recommending punishment] Special mitigated area (one month to one year from imprisonment), - Special mitigated area where the exercise of tangible power is considerably weak, where the degree of prosecution is weak, the following elements of sentencing are considered in light of the defendant's age, sexual behavior, intelligence and environment, relationship with the victim, motive for the crime, details of the crime, circumstances after the crime. In particular, in light of positive sentencing factors, when the execution of imprisonment is suspended on condition of an essential additional disposition, the defendant is acknowledged to have committed the crime, and the victim and the victim wishing to do so is not required to have the punishment of the defendant, and the victim does not suffer from mental harm to the victim of the sexual crime, and the victim has no mental harm to the victim of the sexual crime or mental harm to the victim of the sexual crime, and the defendant has to submit personal information to the victim of the sexual crime under Article 4 of the Act.

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