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(영문) 서울중앙지방법원 2016.08.12 2016고단1736
준강제추행
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 December 14, 2015, from around 15:20 to 16:20 on the same day, the Defendant completed public relations activities with the victim C (n, 31 years of age) in French areas with the victim C (n, e.g., the victim was able to board the back seat of the numberless taxi and take the victim's house. While the victim was under the influence of alcohol and was under the influence of alcohol, the victim was able to take the kn's breast into the kis of the victim, and the kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn'

Accordingly, the defendant committed indecent acts by using the victim's resistanceable condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol statutes to victims C;

1. Relevant Article of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the choice of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the grounds for sentencing as follows);

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes [the scope of recommended punishment] is the general standard for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 16(1) of the same Act (the scope of recommended punishment] of the basic area (6-2 years to 13 years in general) [no person subject to special sentencing] [the decision of sentence] is about 0 years that is not a crime planned for not being agreed with 0 victims (the decision of sentence], and the defendant's age, occupation, sex, family relation, motive and circumstance of the crime, etc. that is a sex crime subject to registration of personal information, and the defendant is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act, since the conviction becomes final and conclusive.

The age, occupation, risk of recidivism, motive for committing a crime, progress and seriousness of a crime, order for disclosure or order for exemption from disclosure and notification order.

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