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(영문) 서울동부지방법원 2016.11.18 2016고단3101
준강제추행
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On September 18, 2016, at around 02:50 on September 18, 2016, the Defendant: (a) the victim E (at the age of 59), who met rapidly on a road with approximately 500 meters away from the Dmotour located in Gwangjin-gu Seoul Special Metropolitan City, was under the influence of alcohol; (b) her body was drunk, and her body was unsatisfy, and her body was unsatched and went back to the front of the Motour.

At around 03:00 on the same day, the Defendant saw the victim's chest, elel, and her part, her part, her part, her part, and her part, her part, and her part, her part, her part, and her part, her part, her part, and her part, her face her part, and her part, her part, her part, her part, her part, her part, her part, her part, her part, her part, her part, her part, her part, her part, her part, her part, her part, her part, of the victim

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A report on investigation;

1. Application of the Acts and subordinate statutes on CCTV video recording in the course of committing a crime;

1. Article 299 of the Criminal Act and Articles 299 and 298 of the Criminal Act, the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act (General Considerations favorable to the reasons for sentencing as follows);

1. Grounds for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend education;

1. The range of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] general standard and the area where the punishment is not imposed in the mitigated area (one month to one year) of the first type of the crime of indecent act by force (the objects which are at the age of 13 or more);

2. Determination of sentence: Six months of imprisonment with prison labor and one year of suspended sentence: In addition, even though the defendant was previous before the same kind of crime, he commits the crime in this case, and circumstances favorable to the degree of indecent act is also serious: The defendant is led to confession and reflect. The victim does not want the punishment of the defendant. There is no particular penal power other than fines twice for the defendant.

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