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(영문) 서울북부지방법원 2018.07.19 2018고단1278
강제추행
Text

The punishment of the accused shall be eight months by imprisonment.

However, the sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 21, 2018, at around 02:05, the Defendant committed an indecent act against the victim D (V) who was waiting for a taxi to return home in front of the bank located in Gangnam-gu Seoul, Seoul, by approaching the victim D (V, 22 years of age) who was waiting for a taxi, using his her blick with the victim’s own hand, rhumd and khumd, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to investigative reports (to listen to sound recording files);

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

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

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, risk of repeating a crime, order for disclosure and notice, and benefit and effect expected by such order, and disadvantage and side effects resulting therefrom, there are special circumstances in which the Defendant’s personal information may not be disclosed or notified, or the Defendant may not be restricted from employment, in full view of the following:

I think)

Reasons for sentencing

1. The basic area (six months to two years) of the crime of indecent conduct in force (subject to at least 13 years of age) according to the general criteria for the scope of the recommended punishment according to the sentencing guidelines; and

2. From the standpoint of the determination of the sentence, the sexual humiliation or mental impulses of the victim who was swornly committed by the Defendant from his own as the Defendant were not provided against others, and the victim was not able to receive any remedy from the victim;

There is no record of criminal punishment so far.

In addition, records, such as the defendant's age, occupation, sex, family relationship, circumstances before and after the crime, etc.

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