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(영문) 서울동부지방법원 2016.03.25 2015고단2871

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 April 13, 2015, the Defendant: (a) around 14:30 on April 13, 2015, at the “D” stadium in the “C” golf course, the Defendant committed an indecent act against the victim by putting the victim’s left hand on his own hand; (b) on three to four occasions while driving the Kat to the above “C” course up to six instances, the Defendant she saw the victim’s permission to sit on the Kat to his own left part, and forced the victim to commit an indecent act by making the victim’s left part of the victim’s left part with his own hand.

2. On April 13, 2015, the Defendant: (a) around 16:00, around 6, 2015, at the “C” course “D” course, and (b) on the right side of the victim, who was going to observe the Defendant’s daily game going behind the cart, committed an indecent act by force against the victim on the part of the victim’s left hand.

Summary of Evidence

1. Application of Acts and subordinate statutes to witness E’s legal statement (the victim’s statement is consistent with the victim’s statement from an investigation agency to this court in light of circumstances, such as the fact that the victim’s statement is very specific and consistent to the victim’s statement, and immediately after the closure of the game, he/she knew the damaged fact in the golf course

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 reason 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] is the general standard for the crime of indecent act by force (13 years or more) in the basic area (6 months or more to 2 years), and there is no person [the person subject to special sentencing] (the decision of sentence] [the person subject to special sentencing] of the crime of this case is one in which the victim is difficult to resist to customers.