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(영문) 대전지방법원 천안지원 2017.09.22 2017고단1306

강제추행

Text

A defendant shall be punished by imprisonment for not less than eight 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 January 23, 2017, at around 23:00, the Defendant took the victim F (n, 30 years of age) (hereinafter “E”), who was aware of the victim F (n, 30 years of age) in the course of traveling in India around January 23, 2015 in Yongsan-gu, Yongsan-gu, Seoul, and followed the victim on a toilet, and obstructed the said victim from leaving the wall on the wall at the front side of the toilet at the entrance of the toilet, and prevented the victim from leaving the wall, and committed an indecent act by coercioning the victim on four occasions.

2. On January 23, 2017, around 23:30, the Defendant left a train from the above place to the front of the Gu’s Gu’s G, thereby going to Seoul Station, followed the victim, and “Avour who was easy to go to the motel, she carried the victim with his/her hand, she forced the victim to do so, and forced him/her to do so.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A H statement;

1. Application of CD-related Acts and subordinate statutes

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 sentencing of Article 62-2 of the Criminal Act, Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes / [the scope of recommending punishment] / [the scope of recommended punishment] / 2 of the basic area (six months to two years] of the crime without any special sentencing person / [the scope of recommended punishment] / 1 of the basic area (six months to two years in general) of the crime of indecent act (the person subject to special sentencing] (the person subject to special punishment] / the final sentence scope according to the increase by multiple crimes: six months to three years [the determination of sentence] of the crime of indecent act repeatedly committed by a victim, and the extent of the exercise of the form and force of the crime, and there are no cases that are no cases that are no cases to recover damage in the trial proceedings of this case.