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(영문) 서울북부지방법원 2015.05.21 2015고단728
강제추행
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On October 06, 2014, around 02:35, 2014, the Defendant discovered the victim D (n, 35 years of age) who gets from a taxi in front of Seoul Special Metropolitan City, Nowon-gu, and committed an indecent act by making the victim’s hysium with his own hysium, and on the same day at around 02:40 on the same day, the Defendant committed an indecent act by force against the victim by making the victim’s hysium in the same manner as the

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to written E;

1. Article 298 of the Criminal Act applicable to the crime and Article 298 of the Selection of Punishment (Overallly, Selection of Imprisonment);

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

1. Standard for sentencing of the grounds for sentencing under Article 16(2) of the Act on the Punishment, etc. of Sexual Crimes [type] Standard for the Punishment of Indecent Act by Indecent Acts (subject to 13 years of age or older) / [the scope of recommending punishment] Special mitigation (one to one month or one year of imprisonment) - Where the exercise of tangible force is considerably weak, where the degree of indecent act is considerably weak, the defendant has a duty to register personal information from the victim and submit personal information under Article 14(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes to a person subject to the registration of a sexual crime in accordance with Article 4(1)1 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

The defendant's age, occupation, risk of recidivism, contents and motive of the crime, method and consequence of the crime is exempted from personal information disclosure order or notification order.

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