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(영문) 서울중앙지방법원 2017.01.18 2016고단8193
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 September 20, 2016, around 19:54, the Defendant discovered the victim E (one’s name, half, and 32 years old) who visited to purchase a If at the D convenience store located in Dongjak-gu Seoul Metropolitan Government, and tried to take the victim’s arm’s length with his left hand and return to the victim’s back, cut the victim’s neck with his left hand, and cut the victim’s breast part with his left hand.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to E;

1. Application of CCTV closure photographs and other closure photographs Acts and subordinate statutes;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Protection and observation, order to provide community service, order to attend a lecture, Article 62-2 of the Criminal Act, Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes / [type determination] The grounds for sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes / [Attachment] The general standards for sexual crime / [person subject to special coercion] / [where the degree of conduct is weak] mitigation elements (decision on the recommended area] / [where the scope of recommendation is weak] one month or one year [where the scope of suspended sentence] / Main reasons for consideration / (where the degree of indecent conduct is weak in an indecent crime) - General consideration: Imprisonment with prison labor for six months, suspended sentence for two years, two years, observation of protection, community service, 80 hours, 40 hours of compulsory treatment of sexual assault, and the defendant, who is subject to registration, is obligated to submit personal information to an institution under the jurisdiction of Article 4(1) of the Act on Special Cases concerning Punishment of Sexual Crimes.

The age, occupation, risk of recidivism, motive for the crime of this case, method of crime, seriousness of the crime, and the degree of disadvantage of the defendant resulting from the disclosure order or notification order.

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