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(영문) 서울중앙지방법원 2017.01.20 2016고단7586
강제추행등
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

The Defendant, around May 8, 2016, at around 02:45, 02:45, changed from the “D” club located in Gangnam-gu Seoul Metropolitan Government, to the back of the victim E (n, 20 years old) (n, 20) in front of the club run, opened up his hand to the victim’s bridge, and opened it into the victim’s bridge, and opened it into the victim’s bridge. The Defendant, as the U.S. public bath, she opened the victim under this paragraph with a stop of the hand while the unspecified number of customers are kept.

“The expression was expressed.”

Accordingly, the defendant forced the victim to commit an indecent act and publicly insulting the victim.

Summary of Evidence

1. Statement by the defendant in court (the second public trial date);

1. 112 Notification to a department related to the report of the case;

1. Statement made by the police for E;

1. Complaints of E preparation;

1. Investigation reports (Securing and analyzing CCTVs in the instant field), the application of CCTV-related Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Article 298 of the Criminal Act (the point of forced indecent act), Article 311 of the Criminal Act (the point of insulting act), and the choice of imprisonment with prison labor;

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. Reasons 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;

1. Scope of sentencing recommended according to the sentencing criteria;

(a) Class 1 (Special Indecent Conduct in the General Standards) (In the event that the exercise of force is significantly weak, the decision on the territory of recommendation) - Special mitigation area / [the scope of recommendation / 1 month / 1 year / Major Consideration - positive (in case where the exercise of force is considerably weak in the course of indecent conduct, the degree of indecent conduct in the course of indecent conduct is weak) - Reasons for general consideration: positive (in case where the exercise of force in the course of forced indecent conduct is considerably weak, the degree of indecent conduct in the course of indecent conduct is weak in the course of the indecent conduct) - General consideration (in case where the exercise of force in the course of forced indecent conduct is considerably weak) -

(b) Offenses of insult: Omission of sentencing criteria;

(c) Handling multiple crimes: Imprisonment with prison labor for not less than one month (in accordance with the lowest limit of the sentence scope of recommendations for the crime of coercion of the basic criminal whose sentencing criteria are set);

2. Sentence;

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