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(영문) 서울북부지방법원 2015.10.22 2015고단2050

강제추행

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The defendant is a person who operates a mutual clothing store on the first floor of the building located in Seongbuk-gu Seoul Metropolitan Government, and the victim C (V, 20 years of age) is a person who worked for the above store as an employee from May 15, 2015.

1. On May 15, 2015, the Defendant, at the above store around 17:44 on May 15, 2015, aided the victim by forcing the victim to face his/her chest, after drawing the victim to the where the victim was seated.

2. On May 16, 2015, the Defendant: (a) around 15:34 on May 16, 2015, the Defendant deemed that the victim was seated in the said store; (b) was seated next to the victim; and (c) committed an indecent act by force against the victim by holding the victim’s paper, bucks, and bucks.

3. On May 18, 2015, the Defendant, at the above store around 17:10 on May 18, 2015, committed an indecent act by force on the part of the victim, who was seated in the chair.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police protocol law to C

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the facts constituting an offense (the point of each indecent act and the choice of imprisonment);

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

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of the reasons for the suspension of execution);

1. The standards for sentencing the grounds for sentencing under Article 16 (2) of the Act on the Punishment, etc. of Sexual Crimes committed against the Order to Attend Courses;

(a) The first type of the crime of indecent act by compulsion (the subject of the age of 13 or more) (the scope of a recommendation), the special mitigation area (one month or one year of imprisonment) - Special mitigation area (the special mitigation area): In cases where the exercise of tangible power is remarkably weak, a penalty surcharge is not imposed in cases where the degree of indecent act is significantly weak;

B. The scope of final sentence due to the aggravation of multiple offenses: (a) the major sentencing factors and the Defendant’s age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, etc. under the decision of sentence in January to October.