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(영문) 서울북부지방법원 2018.11.22 2018고단3675
강제추행
Text

The punishment of the accused shall be eight months by imprisonment.

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 August 7, 2018, around 22:55, the Defendant committed an indecent act by force against the victim, such as: (a) in front of the building in Seoul Special Metropolitan City, Nowon-gu, the victim D (n, 22 years of age); (b) in front of the building in Seoul Special Metropolitan City; (c) after the victim D (n, 22 years of age); and (d) in front of the building, the victim was placed in a knife with a knife of the victim;

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Written statements of E and F;

1. Each investigation report (related to the verification of black stuffs at the scene of the occurrence of the incident/related to the verification of CCTVs at the scene of the occurrence of the incident);

1. Application of the Acts and subordinate statutes to cover a motor vehicle boom on the site of the occurrence of the case;

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, including the Defendant’s age, occupation, family environment, social ties, risk of repeating a crime, prior conviction, order for disclosure or restriction on employment, benefits and effects expected by such order, and disadvantage and side effects, etc., there are special circumstances in which the Defendant’s personal information is disclosed or notified, or the Defendant is not restricted from employment, in light of the following: (a) the proviso to Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an employment restriction order; (b) Article 50(1) proviso to Article 56(1) proviso to Article 56(1) proviso to the Act on the Protection of Children and Juveniles against Sexual Abuse;

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. At night, at the time of the decision of sentence, it seems that sexual humiliation or mental shock would have occurred that the victim was salvated by committing an indecent act from the Defendant.

The degree and type of conduct confirmed by the evidence.

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