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(영문) 서울남부지방법원 2018.01.10 2017고단5189
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 September 30, 2017, around 00:43, the Defendant committed an indecent act against the victim D (Woo, 84 students) located therein in front of the frequency of the Geumcheon-gu Seoul Metropolitan Government C market. On September 30, 2017, the Defendant committed an indecent act by force against the victim by exposing his/her own hand, exposing his/her chest and her chest.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a criminal investigation report (CCTV image verification);

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. Reasons for sentencing under Article 16 (2) and (4) of the Act on Special Cases concerning the Protection and observation and the Punishment, etc. of Sexual Crimes against Sexual Crimes;

1. The scope of applicable sentences under law: Imprisonment for one month to ten years; and

2. Scope of the recommended punishment [the types of decisions] according to the sentencing guidelines for sex offenses (the persons subject to 13 years or more) committed by compulsion in general (1) [the person subject to special sentencing] and the mitigated elements: In the area of mitigation of punishment [the area of recommendation and the scope of recommendation], the area of mitigation of punishment [the area of recommendation and recommendation], one month to one year;

3. Grounds for suspension of execution [Main reasons for suspension of execution] positive grounds for suspension of execution: Serious reflection of punishment.

4. In light of the fact that the Defendant who was sentenced to a four-year term of imprisonment for a crime of violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims (Rape, etc. by blood) in 2001, the Defendant again committed the instant crime, which is a sex offense, and that the father and the degree of the prosecution are not less complicated, it is not good that the crime is committed.

However, the punishment as ordered shall be determined by comprehensively taking account of the fact that the defendant made a confession of his mistake and reflects, that the defendant agreed with the victim after the prosecution, that there is no record of punishment except for the previous conviction, and that there is no record of punishment, and the conditions of sentencing as shown in

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