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(영문) 서울중앙지방법원 2016.02.12 2015고단742

준강제추행

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

around 15:40 on January 21, 2014, the Defendant: (a) around 15:40 on the 201st day of Seoul Jung-gu Seoul Central District Court Decision 2014Da3144, May 21, 201; (b) around the 15:40, the Victim E (3) was able to take the victim’s sexual organ at his/her hand and her bottom down the victim’s body.

Accordingly, the defendant committed an indecent act against the victim in a state of impossibility of resistance.

The Defendant, around April 28, 2015, 2015, 203:40, 03:40 on April 28, 2015, the victim H (23) was able to take the sexual organ of the victim H (23) in a state of resistance in his/her hands, and committed an indecent act by force on the victim’s sexual organ only once by his/her hands to the victim who is locked again at around 03:58 on the same day.

Summary of Evidence

"2015 Highest 742"

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. E’s written statement “2015 Madan 4514;

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Application of H’s written Acts and subordinate statutes;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with prison labor for the crime;

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. Grounds for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against an order to attend a course;

1. The basic area (six months to two years) of the punishment guidelines (any person who is subject to special sentencing) set forth in the sentencing guidelines shall not be included in the punishment guidelines for compulsory indecent acts (subject to at least 13 years of age).

2. The victim E wishes to punish the Defendant on the grounds of specific sentencing that the nature of each of the crimes is not good. The victim H does not want to punish the Defendant, and the Defendant, who did not want to commit a crime against his or her wrong offense, does not have any other criminal record and changes in records, such as the Defendant’s age, occupation, sex, family relationship, and circumstances after the crime.