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(영문) 서울북부지방법원 2018.07.19 2018고단1455
강제추행
Text

The punishment of the accused shall be eight months by imprisonment.

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

Reasons

Punishment of the crime

On April 7, 2018, at around 04:35, the Defendant committed an indecent act by force against the victim C (the 20-year-old) who was an employee of the Defendant, who frighted to drink mixed alcohol at “B main points” located in the Gangnam-gu Seoul Metropolitan Government, and frighted him to fright up to the elevator.

Summary of Evidence

1. Statement by the defendant in court;

1. A victim’s statement prepared C and a witness’s statement prepared D;

1. Application of Acts and subordinate statutes to one CCTV CDs;

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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, risk of repeating a crime, order for disclosure and notice, and benefit and effect expected by such order, and disadvantage and side effects resulting therefrom, there are special circumstances in which the Defendant’s personal information may not be disclosed or notified, or the Defendant may not be restricted from employment, in full view of the following:

I think)

Reasons for sentencing

1. The basic area (six months to two years) of the crime of indecent act by force (subject to not less than 13 years of age) under the general criteria for the scope of the recommended punishment according to the sentencing guidelines; and

2. The victim who suffered sexual humiliation or mental shock, who was sentenced to the determination of the sentence of punishment, was imprisoned, and was not able to receive any remedy from the victim;

The degree of indecent conduct is not easy.

The defendant is believed to be recognized as committing a crime, and there is no record of criminal punishment due to a sex offense.

Specific circumstances, such as the degree of indecent conduct, are as well.

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