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(영문) 서울북부지방법원 2015.09.24 2015고단1973

강제추행등

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

1. On January 27, 2015, the Defendant: (a) committed indecent act by compulsion at a singing room located in Dongdaemun-gu Seoul Metropolitan Government, Seoul on January 27, 2015; (b) committed indecent act by compulsion against the victims of the victim E (the victim E, the 39-year-old), and the victim F (the 41-year-old-old-old-old-old-old-old-old-old-old-old-car relationship with his/her own act D; and

2. Violence;

A. The Defendant, while committing an indecent act on the E/F at the time and place set forth in the preceding paragraph, committed an indecent act on the part of the female, committed an indecent act on the part of the female, and committed an assault against the victim by having the victim go beyond the floor in his/her hand.

B. At the time and place indicated in the preceding paragraph, the Defendant assaulted the Defendant, by hand, who was an employee of the said singing room, the victim H (23 years of age) with a defect that caused the alcohol value to the Defendant, such as breaking the victim’s breath’s breath, and breaking the victim’s body.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of E and F;

1. Application of the respective Acts and subordinate statutes in H and G preparation;

1. Relevant Articles of the Criminal Act and Articles 298 (Indecent Act by Compulsion, Selection of Imprisonment) and 260 (1) of the Criminal Act concerning the crime (each point of violence and each choice of imprisonment with labor);

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. Standard for sentencing the 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 school

A. In light of the general standard of the crime of indecent act by compulsion [type] and the evidence of the first category [the scope of recommending punishment] (the scope of general indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by compulsion] and the specific form of the act, it is difficult to view that there exists an agent among the special mitigation factors

(b) Crimes of assault against Victim H / [Punishment] Crimes of assault and general assault / [Scope of Recommendation] Basic Field ( Imprisonment between two months to eight months);

(c) Crimes of assault against victims G [type] Crimes of assault, Type 1 (General Violence) (Extent of Recommendation) (Scope of Recommendation) shall be mitigated.