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(영문) 서울동부지방법원 2016.11.18 2016고단3029
강제추행
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 11, 2016, at around 05:20, the Defendant committed an indecent act against the victim by inserting the bucks in front of the victim F (the 19-year age), which entered the bucks adjacent to the “E main store” located in Gwangjin-gu Seoul Special Metropolitan City, in front of the victim F (the 19-year age), by inserting the bucks into the Abucks, making the bucks inside the victim’s bucks, and taking the bucks into the bucks.

2. Around 05:40 on September 11, 2016, the Defendant discovered the victim H (a person’s name, leisure, and age 23) who passed along the roadside in Gwangjin-gu Seoul Special Metropolitan City, and subsequently, found the victim’s her hand with his/her leg between the victim’s own leg, thereby committing an indecent act against the victim by using her marb and mar part as his/her hand, with his/her her son’s hand.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol to H and F

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (General Considerations favorable to the reasons for sentencing as follows);

1. Grounds for sentencing under the proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to attend a lecture (the defendant is unable to expect an effect of preventing recidivism through an order to attend a lecture, considering the fact that foreigners of Mongolian nationality are highly likely to be forced to leave abroad when this judgment becomes final and conclusive, and thus, it is deemed that there

1. The scope of the recommended punishment according to the sentencing guidelines for the first type of crime (F) and the general standard of the crime of indecent act by force (subject to the age of 13 or older): the mitigated area (one to one year), the mitigated area (special mitigation), the second type of crime (subject to the punishment of a victim H] and the general standard of the crime of indecent act by force (subject to the age of 13 or more), the mitigated area (one to one year), the mitigated area (subject to special mitigation) (one to one year), the mitigated area (subject to the age of 13 or more): January to June;

2. Determination of sentence: Imprisonment;

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