beta
(영문) 수원지방법원 안양지원 2017.07.26 2017고단754

강제추행

Text

A defendant shall be punished by imprisonment for six 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 February 3, 2016, the Defendant committed the crime on February 3, 2016: (a) around 21:00, around February 3, 2016, while drinking alcohol together with the victim D (e.g., 45 years of age) that came to know in the course of performing duties in the “C” Rab car page located in Yeongdeungpo-gu Seoul Metropolitan Government, and other daily activities, the Defendant committed an indecent act by force by forcing the victim by inserting the victim who was seated in a sopha, following the alcohol; (b) putting him/herself on the part of the victim’s right bucks; and (c) putting him/her on the part of the victim’s right bucks; and (d) putting the victim’s buck in the part of the victim’s body; and (e) 2) her bucks the victim’s buck in the form of the victim.

2. On January 12, 2017, the Defendant, at around 19:00 on January 12, 2017, hereinafter “F” restaurant located in Sinpo-si, Sinpo-si, Sinpo-si, where the Defendant was seated in front of the victim and carried out drinking together with the victim’s walk, and where the Defendant saw the victim’s left arm’s length, he saw the victim into her back, and committed an indecent act by force against the victim on two occasions by gathering the victim’s left chest under the left part of the victim’s hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or G;

1. Application of the investigation report (to record CCTV data in the field of the case) and the Act and subordinate statutes to report an investigation (to submit suspect photographs);

1. Relevant provisions of the Criminal Act and Article 298 of the Criminal Act concerning the selection of punishment;

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 stay of execution (The following sentencing shall be considered as favorable to the Supreme Court);

1. The sentencing of Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes committed by Order to Attend - Unfavorable circumstances: The fact that the nature of the crime is inferior in light of the background and content of the crime, the degree and degree of the conduct of the crime, the circumstances before and after the crime, etc.; the circumstances before and after the crime are committed; the first offense is recognized; where the conviction of the defendant against the criminal facts in the judgment that are sex crimes subject to registration and submission of personal information becomes final, the defendant is subject to Article