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(영문) 서울북부지방법원 2018.11.15 2018고단3543
강제추행
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 July 31, 2018, around 02:30 on July 31, 2018, the Defendant forced the victim to commit an indecent act on the part of the victim, such as using the victim D (at 23 years of age) behind the Defendant’s self-victim D in the elevator of Dongdaemun-gu Seoul Metropolitan Government Building C, hump, making the victim fit with 6th floor of office officetels, hump, knating the victim’s finger with his hand in the clothes, humping the victim’s chest, and drinking part of the victim’s body.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation report (verification of CCTV images submitted by the victim);

1. Application of Acts and subordinate statutes on dialogue;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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, risk of repeating a crime, order for disclosure and notice, and benefit and effect expected by such order, and disadvantage and side effects resulting therefrom, there are special circumstances in which the Defendant’s personal information may not be disclosed or notified, or the Defendant may not be restricted from employment, in full view of the following:

I think)

Reasons for sentencing

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] general standards and the crime of indecent act by force (subject to not less than 13 years of age) is not subject to punishment (one month to one year of general indecent act) in the mitigation area (person subject to special mitigation];

2. From the Defendant who was sentenced to the sentence of punishment, the sexual humiliation or mental impulse that she was frightened by the victim of the indecent act is not less light, and the degree of conduct or the degree of exercise of force is not less light;

On the other hand, the defendant recognized the crime of this case and is against it.

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