beta
(영문) 서울남부지방법원 2017.11.29 2017고단4663

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

On May 31, 2017, at around 06:50, the Defendant discovered the victim D (e.g., 51 years of age) who had drinking alcohol in Yeongdeungpo-gu Seoul Metropolitan Government, and attempted to commit an indecent act against such female, and entered the victim’s house following the victim’s back to E with the victim’s door, and entered the victim who was seated at the door up to the victim’s house. At the same time, the Defendant promptly laid down the victim’s right chest by cutting off the victim’s door into the door of the victim’s own damage, by bringing the victim’s door into the door of the victim’s right.

When the injured person gets her head while keeping the defendant's head in her hand, the injured person was her to have the left chest of the victim's her head as soon as possible, and the injured person was her head out of the defendant's her head and her head, and she out of her head.

In other words, the victim was forced to commit an indecent act, such as promptly changing the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A detailed statement of the processing of reported cases;

1. Application of Acts and subordinate statutes to gene appraisal certificates;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. 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 a course;

1. The scope of applicable sentences under law: Imprisonment for one month to ten years; and

2. Scope of the recommended punishment [the types of decisions] according to the sentencing guidelines for sex offenses (the persons subject to 13 years or more) committed by compulsion in general (1) [the person subject to special sentencing] and the mitigated elements: In the area of mitigation of punishment [the area of recommendation and the scope of recommendation], the area of mitigation of punishment [the area of recommendation and recommendation], one month to one year;

3. Grounds for suspension of execution [Main reasons for suspension of execution] positive grounds for suspension of execution: Serious reflection of punishment.

4. Although the nature of the crime is not good in light of the fact that the part and degree of the instant indecent act in which the sentence was rendered is relatively significant, the sentence is ordered by taking into account the following factors: (a) the Defendant confessions and reflects his mistake; (b) the Defendant made an agreement with the victim after the prosecution; and (c) the fact that there was no past record of sex offense; and (d) other