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(영문) 서울북부지방법원 2018.12.20 2018고단3983
강제추행
Text

The punishment of the accused shall be determined by a year of 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

The defendant is a business director working in Seongbuk-gu Seoul (2nd floor) 'Daling Center', and the victim E (23 years old) was an employee of the Galing Center.

At around 23:00 on October 20, 2017, the Defendant committed an indecent act by force on five occasions in total, as shown in the list of crimes in the attached Table, from the time on January 11, 2018, the Defendant committed an indecent act against the victim on five occasions, including: (a) the victim, who was working in a camera at his/her seat, with the victim’s own hand, satisf; and (b) the victim satisfs his/her shoulder; and (c) the victim’s shoulder.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and E;

1. A written statement of victim E, G, H, and I prepared;

1. Each investigation report (to have telephone conversations with witnesses G/ to hear statements from victims);

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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, including the Defendant’s age, occupation, family environment, social ties, risk of repeating a crime, prior conviction, order for disclosure or restriction on employment, benefits and effects expected by such order, and disadvantage and side effects, etc., there are special circumstances in which the Defendant’s personal information is disclosed or notified, or the Defendant is not restricted from employment, in light of the following: (a) the proviso to Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an employment restriction order; (b) Article 50(1) proviso to Article 56(1) proviso to Article 56(1) proviso to the Act on the Protection of Children and Juveniles against Sexual Abuse;

I think)

Reasons for sentencing

1. Scope of the recommended sentences according to the sentencing criteria;

A. The basic area (6 months to 2 years) of the first crime (the scope of recommended punishment) is the basic area (6 months to 2 years) of the first crime (the person subject to special sentencing) under the general standard of indecent conduct (the person subject to 13 years or more).

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