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(영문) 서울동부지방법원 2016.04.01 2015고단3826

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 7, 2015, the Defendant committed a crime around July 19:30, 2015, around July 7, 2015, on the 19:30th day of the Seoul Gangdong-gu, and around the D’s head office, on the top of the vehicle operated by the Defendant at the head of the vehicle located in Gangdong-gu Seoul Metropolitan Government and the D’s head office, with the intent to commit an indecent act against the victim E while moving the victim E (the age of 24) into the seat of the victim, put the hand into the victim’s seat, cut the Defendant’s hand into the victim’s seat, cut the Defendant’s hand, cut the Defendant’s hand into the victim’s knife, put the chest into the victim’s knife, and knife the

Accordingly, the Defendant committed an indecent act on the part of the victim.

2. On July 7, 2015, the Defendant committed the crime around 20:20 on July 7, 2015, at around 20:20 on July 7, 2015, 2015, moved the victim’s hand on the Defendant’s knee-knee-kne-kne-kne-kne-kne-kne-kne-kne-kne-kn, forced the victim’s hand on the Defendant’s kne-kne-kne-kne-kne-kne-kne-kne-kn, but the victim rejected the victim’s knick-kne-kn, cut off the clothes and knick-kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's body.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. Application of the statutes of the response request for appraisal;

1. Relevant Article 298 of the Criminal Act, the choice of punishment, and the choice of imprisonment for a 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. The grounds for sentencing under Articles 16(2) and 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service and Order to Attend [the scope of recommended punishment] are the general standards for the crime of indecent act by force (subject to 13 years or more). The mitigated area (one month or one year from January to one year) is the mitigated area (the person who is specially mitigated).