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(영문) 서울북부지방법원 2015.03.25 2014고단4633

준강제추행등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. A quasi-indecent act by compulsion on November 16, 2014, the Defendant: (a) received a request for substitute driving from the victim D (name, leisure, 32 years of age) on the part of the victim D on a car owned by the victim; (b) when the victim was informed that the victim was under influence of alcohol on a car owned by the victim; and (c) when the victim was moving to the direction of the Seoul Southern-gu, Gangnam-gu, Seoul, he stopped in the vicinity of the Songsan-dong community service center located in 13 (Yandong-dong 60-8), then bread the victim by inserting his hand on the part of the victim; and (d) bread the chest by gathering the hand on the part of the victim; and (e) flading the breast in the bro, the Defendant committed an indecent act by taking advantage of the victim’s situation where the victim was under influence of alcohol on the part of the victim.

2. The Defendant, at around that time, committed indecent act by compulsion, committed an indecent act by compulsion by force against the victim by arriving in the apartment parking lot located in Gangnam-gu Seoul Metropolitan Government, facing the victim, facing him/her, leading him/herself to the victim, and raising his/her chest by hand.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to response to requests for appraisal;

1. Relevant legal provisions concerning facts constituting a crime, Articles 299, 298, and 298 of the Criminal Act concerning the choice of punishment, and Article 298 of the Criminal Act;

1. Aggravation of concurrent crimes as prescribed in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Criteria for sentencing grounds for sentencing under Article 16 (2) and (4) of the Act on the Punishment, etc. of Sexual Crimes against Order to attend lectures or Order to provide community service;

(a) Type 1 (the scope of recommendations) basic area (one month to two years of imprisonment) of the crime of indecent act by compulsion (the object which is not less than 13 years of age) (the scope of recommendations) - Special mitigated person: A victim vulnerable to the crime;

B. Quasi-Indecent act by compulsion [type] the first category of indecent act by compulsion (the subject at least 13 years of age) [the scope of recommendations] basic area (one month to two years of imprisonment] - Special mitigated person: the penalty is not imposed.