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(영문) 서울북부지방법원 2017.10.26 2017고단3606
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

(2) Around August 2, 2017, the Defendant: (a) around 20:45, the Defendant committed an indecent act by force against the victim’s left chest (n, 44 years of age) in Dobong-gu Seoul Metropolitan Government ***** the restaurant, and the victim’s left ambl, who was holding his ambl, on his/her own ambl, on one hand, and only one time the victim’s left ambl with his/her hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes of D;

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] of the general standard of sentencing [the scope of recommended punishment] is determined as follows: (a) type 1 of the crime of indecent conduct (the crime of forced indecent conduct in general) in the basic area (the crime of forced indecent conduct in June to 2). In full view of the background following the decision of sentencing in the basic area (the punishment of June to 2) and other conditions of sentencing indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after

- The Defendant is not guilty of sexual humiliation of the victim’s fear of sexual humiliation, - the registration of personal information that has no record of being punished for committing a crime, reflectability, or sex offense, and the conviction of a sex offense subject to registration becomes final and conclusive.

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