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(영문) 서울중앙지방법원 2016.06.08 2016고단1875
강제추행
Text

A defendant shall be punished by imprisonment for not less than eight 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

At around 02:00 on January 10, 2016, the Defendant moved to the side gate of the victim under the influence of alcohol while drinking alcohol together with the company premises, including the victim E (at 18 years old), at the main point of “D” located under the underground floor of the Gangnam-gu Seoul Metropolitan Government C building, and tried to cut off the victim's her chest by using and rhing the victim's humbbbbbbbbbbs, putting him/herself into the victim's clothes, and try to cut off the victim's humbs.

Accordingly, the defendant committed an indecent act against the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A E-document;

1. Application of Acts and subordinate statutes concerning investigation reports (the contents transmitted to the victim by the person under investigation);

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. Protection and observation, Article 62-2 of the Criminal Act, Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes / [the types of decisions] the grounds for imposing punishment under the general standards for sex crimes / [the general standards] - Where the exercise of tangible power is considerably weak, the reduction element - the number of self-denunciation - the aggravation element: the reduced area [the scope of recommended punishment] from one month to one year [the scope of recommended punishment] of the victim who is vulnerable to the crime [the scope of recommendation in the sphere of general sentencing] - the mitigated element: The serious half of punishment [the scope of punishment] Article 298 of the Criminal Act: One month to ten years [the suspension of execution] - Major reasons for sexual assault (victims vulnerable to the punishment] - The main reasons for the punishment of the defendant shall be considered / [the specific reasons for the punishment of the person with disabilities at least 13 years before and after the suspension of execution of execution.

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