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(영문) 서울남부지방법원 2017.05.31 2017고단625
강제추행
Text

A defendant shall be punished by imprisonment for not less than eight 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 November 24, 2016, around 06:45, the Defendant discovered the victim C (the 20 years of age) who was going to work at the front of Geumcheon-gu Seoul, Seoul, to find out the victim C (the 20 years of age), to have the victim feel sexual impulse, to have the victim feel sexual impulse, to have the victim commit an indecent act by force, and to put the victim in the knife the knife with the knife after the victim's back to the knife, to the knife with the knife with the knife with the knife with the knife

Summary of Evidence

1. Statement by the defendant in court;

1. Application of laws and regulations on police statements made to C and D;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Grounds for the observation of protection, community service order and order to attend a lecture under Article 62-2 of the Criminal Act, Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. The scope of applicable sentences under law: Imprisonment for one month to ten years; and

2. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] the basic area of the recommendation [the scope of punishment and recommendation], six months to six years of imprisonment, and two years of imprisonment; and

3. There is no reason for the suspension of execution [main reason for the suspension of execution] (general reason for the suspension of execution] positive: Serious reflection.

4. The Defendant, who made a sentence, committed an indecent act by drinking the victim’s chest after cutting down the victim’s neck before, committed an indecent act by drinking the victim’s chest. In light of the fact that the part and degree of the criminal conduct are relatively heavy, that is, it appears that the victim would have been given considerable fear, sexual humiliation and aversion, and that it would have led to the victim’s sexual humiliation and aversion, and that the damage has not been recovered, the criminal nature is not good.

However, the execution of imprisonment shall be suspended by comprehensively taking account of the fact that the defendant confessions and reflects the crime, the fact that the defendant has no record of sex offense before, and the sentencing conditions shown in the records and arguments on changes, but the probation observation, community service order and order to attend lectures shall be added, and the punishment shall be determined as ordered by the order.

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