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(영문) 서울북부지방법원 2018.05.10 2017고단5630
준강제추행
Text

The punishment of the accused shall be set forth in six months.

However, the sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 19, 2017, at around 04:50, the Defendant: (a) reported that the victim E (n, 23 years of age) who was a passenger on the front side of the Seoul Southern-gu Seoul Northern-gu C is growing from the back seat; and (b) moved the locked to the back seat; (c) made it impossible to resist the victim, which is fit for the victim; and (d) rhumd the victim with his hand, and committed an indecent act against the victim, such as taking care of the chest of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Application of the investigation report (the analysis of black stuffs) (the analysis of black stuffs) and the Act and subordinate statutes in Part I of the CDs;

1. Relevant Article of the Criminal Act; Articles 299 and 298 of the Criminal Act; the choice of imprisonment for a crime;

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.

I think)

Defendant

Judgment on the Defense Counsel's argument

1. The Defendant sought to shoulder the victim, who is a passenger, with the back seat of the taxi, and the victim first brought the Defendant’s hand to fit.

Although the Defendant had done the first play, the victim continued to have a dancing with the victim, and rhyd the victim and the chest part with the victim, but the victim did not resist at all during this process.

The Defendant voluntarily left the damaged person as the Defendant and the victim wishing to do so.

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