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(영문) 서울북부지방법원 2017.09.14 2017고단2829
강제추행
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

1. On March 5, 2017, from around 04:00 to around 06:00, the Defendant got a horse from the victim D (num, 47 years old) at the 4 head office in the Cmast Masp Masp 2 in Seoul Jung-gu, Seoul. From around 04:0 on March 5, 2017, the Defendant met the victim’s bucks by extending the victim’s hand to the Defendant’s left, and the victim moves to the Defendant’s left, thereby rhuming the victim’s body by extending the left hand, and the victim’s bucks were tight from the Defendant’s head side, and the victim’s chest was bucked.

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

2. On March 5, 2017, at around 06:00, the Defendant, at the place specified in paragraph 1, was faced by the victim E (man, 33 years of age) from around 06:0, the Defendant met the chest of the victim who was going to the head of the Defendant by going to the head of the Defendant, and continued to leave the bucks of the victim by going to the head of the Defendant, and continued to leave the bucks of the victim, and left the bucks 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 statutes on each prosecutor's statement protocol to D and E;

1. Relevant provisions of the Criminal Act and Article 298 of the Criminal Act concerning the selection of punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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. According to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Etc. of Sexual Crimes Exempted from the disclosure order and notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, occupation, family environment, social ties relationship, criminal record and risk of recidivism, profits and preventive effects expected from the disclosure order and notification order of this case, and disadvantages and side effects therefrom, the Defendant’s personal information is personal information.

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