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(영문) 서울북부지방법원 2016.09.22 2016고단2124
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 February 5, 2016, around 01:50 on February 5, 2016, the Defendant kis on the left side of the victim E (n, 31 years old), who drinks and drinks in the "C Underground D" in the Gangnam-gu Seoul Metropolitan City, Gangnam-gu, Seoul, with drinking and drinking alcohol within the entertainment drinking point, kis on the left side of the kis, kis on the left side of the kis, and kis on the kis on the kis on the back side of the kis, and kis on the kiss on the kis on the kis, and kis on the kiss on the kis on the kis hand, kis on the kis on the kis on the kis, and kis on the son F (n, 22 years old, 23 years old) the kis on the kis on the part of the victim G.

In addition, it was possible to write and rheep the shoulder of the victim G with the floor of hand, cover the bucks, danced in the spuck, and re-enter the spuck, and re-enter the table, the victim G, the victim G who sits on the right side by again approaching the table, the victim H who sits on the left side, and the victim H who sits on the right side, and the victim G's chest was sprinked with the left hand, and the victim H's chest was sprinked by the left hand.

Accordingly, the Defendant committed an indecent act by forcing the Victim E, Victim F, Victim G, and Victim H.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes on police statements made to E, F, G, and H;

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. Article 47(1) and Article 49(1) proviso of the Act on Special Cases Concerning the 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) proviso 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, etc.

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