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(영문) 서울북부지방법원 2015.05.14 2015고단357
강제추행
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The Defendant is a site owner of “B” and the victim C (n, 23 years old) is an employee of the said car page.

On November 22, 2014, around 00:25, the Defendant committed an indecent act by force against the victim by forcing the victim to wear the victim himself/herself and store his/her fingers inside the victim’s seat, and by forcing him/her to talk with him/her on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police protocol law to C

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

1. Article 62 (1) of the Criminal Act;

1. In a case where the sentencing on the grounds of the sentencing of Article 16(2) of the Act on the Punishment, etc. of Sexual Crimes committed by an Order to Attend [type] Standard Indecent Act (subject to the age of 13 or older) / [Scope of the punishment of a general indecent act by compulsion] / [the scope of the punishment of a person recommended] according to the decision of the sentence of a basic area (six to two years of imprisonment) / the recognition of a sentence by taking into account the nature of an indecent act and other various other factors in sentencing, the recognition of a crime by which the sentence is determined, the personal trust of a workplace with no same power, the registration of personal information that was not obtained from a victim, and the conviction of a person guilty of a crime subject to registration of a sex crime subject to registration is confirmed, the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases Concerning the Punishment,

The Defendant’s age, occupation, risk of repeating a crime, contents and motive of a crime, method and seriousness of a crime, punishment records, expected side effects and expected side effects of a crime subject to registration that may be achieved due to an order to disclose or notify personal information, and the effect of protecting the victims of a sexual crime shall be comprehensively taken into account.

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