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(영문) 서울북부지방법원 2016.07.21 2016고단1247
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 29, 2015, the Defendant: (a) around 20:45, at the home of the victim C (V, 63 years of age) located in Seongbuk-gu Seoul Metropolitan Government on October 29, 2015, kidd the victim, who was aware of his/her reputation to drink and drink, kidd the victim by placing him/her on the bed, kid on the bed, kid, kid the victim; (b) kids the victim’s pursuant to both descendants; and (c) kids the chest and kid the chest of the victim.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

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.

In conclusion, the reason for sentencing [the scope of recommended punishment] is the general standard for sentencing, and the sentence is the same as the order, comprehensively taking into account the following conditions: (a) the mitigation area (one month to one year) (the special mitigation person); (b) the mitigation area (one month to one year) the mitigation area (the special mitigation person); and (c) the defendant’s age, occupation, sex, family relationship, and circumstances before and after the crime.

- The degree of sexual deliberation on the sexual value of the victim frightened frighten frighten frighten frighten frighten frighten frighten frighten frighten frighten frighten frighten frighten.

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