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(영문) 서울북부지방법원 2016.08.11 2016고단526
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 November 4, 2015, around 03:20 to 04:00, the Defendant committed an indecent act by force against the victim E (V, 24 years old), who is waiting to go to the toilets around the first-story female toilet located in Dongdaemun-gu Seoul Metropolitan Government, in other words, to take the victim’s hand, who was waiting to go to the toilets around the first-story female toilet located in Dongdaemun-gu Seoul Metropolitan Government, i.e., to take the victim’s hand, who was knife the knife A knife and was knife the victim, and who was knife the chest.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

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

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

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.

In conclusion, the reason for sentencing [the scope of recommended punishment] is the general standard for sentencing, and the sentence is the same as the order, comprehensively taking into account the following conditions: (a) the mitigation area (one month to one year) (the special mitigation person); (b) the mitigation area (one month to one year) the mitigation area (the special mitigation person); and (c) the defendant’s age, occupation, sex, family relationship, and circumstances before and after the crime.

- The victim does not feel sexual humiliation or mental impulses that the victim is not easy to feel, and the victim is subject to registration and submission of personal information that the victim does not want to punish the defendant.

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