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(영문) 서울동부지방법원 2016.03.03 2015고단3496
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

Around 22:00 on March 26, 2015, the Defendant was under the influence of alcohol in a singing room located in Songpa-gu Seoul Metropolitan Government, and was changing with the victim E (the name, the 20-year age), who is another customer, the Defendant committed an indecent act by force against the victim by making the victim’s left chest part of the victim’s left chest part of the victim’s finger part of the finger part of the finger part of the victim’s hand, causing the victim’s knife and knife his knife his knife his knife his knife and knife his knife his knife his knife, and committing an indecent act by force.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

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

1. A written statement;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements of victims);

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

1. Article 20 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Excluding Provisions on Liability Reduction and Exemption;

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

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

1. The basic area (from June to two years) of the sentencing criteria (the scope of recommendations) (the scope of punishment) (the person subject to special sentencing) of the basic area (the person subject to special offense by force for six months or more) shall not be included in the general standards;

2. The sentence of this case is determined by taking into account all the elements of the sentencing indicated in the records, such as the content of the crime in this case, the age, occupation, sex, family relationship of the defendant, and the circumstances before and after the crime, and the degree of the sentence is relatively minor and the damage was recovered, and the defendant can have a criminal record of imprisonment before 1998, and the criminal record of the crime in 2008 has a criminal record of the crime of bodily injury. However, if the conviction of the defendant is confirmed, the defendant is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and the defendant is a person subject to registration of personal information under Article 43 of the same Act.

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