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(영문) 서울북부지방법원 2018.04.12 2017고단3831
강제추행
Text

The punishment of the accused shall be set forth in six months.

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

Reasons

Punishment of the crime

On July 29, 2017, around 10:19, the Defendant committed an indecent act by force against the victim E (V, 21 years old) who was her front in the vicinity of the three stations located in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness E’s legal statement (the victim, in this court and investigative agency, has consistently and specifically stated the situation at the time of the Defendant’s physical distribution of the victim’s body, the content of the damage, the situation before and after the crime, and the situation before and after the victim committed an indecent act, and the defendant’s act immediately after the crime, and there is no other circumstance that the victim’s false statement may be posted.

In light of the victim's attitude of testimony in this court, the victim's statement is recognized as credibility.

According to the evidence of the judgment, the defendant can be found to have committed an indecent act by force against the victim.

Application of Statutes

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. 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.

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Reasons for sentencing

1. The basic area (six months to two years) of the crime of indecent conduct in force (subject to at least 13 years of age) according to the general criteria for the scope of the recommended punishment according to the sentencing guidelines; and

2. The person who saw the victim of the sentence of sentence; and

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