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(영문) 서울북부지방법원 2017.01.19 2016고단3860
강제추행
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On December 27, 2015, the Defendant, around 02:30 on December 27, 2015, posted a passage at “D main points” located in Gwangjin-gu Seoul Special Metropolitan City, and committed an indecent act by putting the victim E (V, 23 years old)’s hand on hand, and only bucks of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement made by the witness E and F (each statement made by the victim in this legal and investigative agency) is recognized credibility in light of the following facts: (a) the victim’s words and behavior, content of damage, fear and response of the victim at the time of committing the instant crime; (b) the circumstance that the statement is false is not visible; (c) the witness F’s statement is mostly consistent with the witness F’s statement; and (d) the victim’s statement made in this court and investigative agency; and (c) the victim’s statements

According to each evidence of the judgment, the application of the law is recognized as a defendant's indecent act by force).

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 reasons for sentencing [the scope of recommended punishment] are as follows: (a) type 1 of the crime of indecent act (general indecent act) under the general standard for sentencing (the subjects of 13 years or more). According to the decision of sentence in the basic area (6 months to 2 years), the sentence is based on the records, such as the circumstances of the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime.

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