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(영문) 서울북부지방법원 2016.09.08 2015고단3931
강제추행
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 15:20 on April 19, 2015, the Defendant committed an indecent act against the victim by coercioning the victim G (V, 24 years old) who was in front of the door while getting out of the subway 6 subway station located in Yongsan-gu Seoul, and getting out of the subway 3-1 square of the subway 6-1 square meters of the subway 6-gu, Yongsan-gu, Seoul.

Summary of Evidence

1. Partial statement of the defendant;

1. The credibility of each statement made by the witness G and H (each statement made by the witness G and H in this court and investigative agency shall be recognized in light of the defendant's words, contents of damage, the fear and response of the victim, the situation before and after the crime of this case, the circumstances where the defendant's speech, the victim's perception and response, the situation before and after the crime of this case are consistent and specific, the falsity of the statement does not appear to be any other reason to be false, the non-contestance of each other, and the attitude of the statement in this court. Accordingly, according to each evidence of the holding,

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

1. Article 62 (1) of the Criminal Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. The criteria for the sentencing of the reasons for the sentencing [the range of recommending punishment] of the crimes of indecent act by force (the scope of recommending punishment] of the first type of punishment (the objects of 13 years of age or older) under the decision on the basic area (6-2 years of age or older) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Order and Notification Order, the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse ( comprehensively taking account of the defendant's age, occupation, family environment, social relationship, criminal record and risk of recidivism, profits and preventive effects expected from the disclosure order and notification order of this case, disadvantages and side effects of the defendant's personal information disclosure or notification order of this case, and the general standard for the sentencing of the reasons for the sentencing of the defendant.

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