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(영문) 서울북부지방법원 2017.03.23 2016고단5347
강제추행
Text

A defendant shall be punished by imprisonment for six 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 September 6, 2015, at the “C” club located under Gangnam-gu Seoul, Seoul, around 09:27, the Defendant: (a) from behind the victim D (n, 20 years of age) (n, the victim D) who was suffering from the floor, caused the damage to the victim D’s drinking part; (b) again, the victim E (n, 18 years of age) who was in the next part of the victim D's daily operation, turned back the her part into the her hand; and (c) continued to turn the her part into the her hand, around 09:38 on the same day, from the stairs between the first floor of the club and the second floor of the underground and the second floor of the victim E, the chest and the her chest of the victim E were pusheded with the her finger, and the her hand by the victim’s hand.

Accordingly, the defendant forced victims to commit indecent acts.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to E and D;

1. Application of investigation reports (based on the acquisition and analysis of visual CCTV images) Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Article 298 of the Criminal Act concerning the selection of punishment;

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

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, profits and preventive effects expected due to the instant disclosure order and notification order, disadvantages and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

(C) The grounds for sentencing

(a) Each compulsory indecent act [the scope of a recommendation] general standard and the basic area (six months to two years) of the crime of indecent act by force (subject to at least 13 years of age)

(b)endend by aggravating majority of offenses.

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