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(영문) 서울중앙지방법원 2018.01.25 2017고단7839

준강제추행

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 2, 2017, from around 03:00 to around 03:40 of the same day, the Defendant committed an indecent act against the victim by taking advantage of the gaps in the victim D (man, woman, and age 45) who was suffering from the Defendant’s finger hand, and making soup that the victim was suffering from the Defendant’s finger hand.

Accordingly, the defendant committed an indecent act against the victim by using the victim's resistanceable condition.

2. On July 31, 2017, at the same place as before and after around 09:50 on July 31, 2017, the Defendant committed an indecent act against the victim, taking advantage of the cresh in which the victim E (n, 33 years of age) was fryed by the Defendant’s hand, making soup that the victim’s fry was fry, thereby making soup.

Accordingly, the defendant committed an indecent act against the victim by using the victim's resistanceable condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E and D;

1. Application of internal investigation reports (investigation into the verification of CCTV images) and CCTV photographs-related Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Articles 299 and 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 suspended execution;

1. Grounds for sentencing under Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and community service orders and Article 62-2 of the Criminal Act;

1. The basic area (six months to two years) of the crime of indecent act by force (subject to at least 13 years of age) under the general standards of the scope of the recommended punishment on the sentencing criteria;

2. The Defendant, who was sentenced to sentence, committed an indecent act on two or more women in the same place, committed the offense against the Defendant, and committed an indecent act on the part and method of the prosecution, in light of the fact that the nature of the offense is inferior, the victim’s mental impulse seems not to be considerable, and the fact that no agreement has been reached with the victim until now is disadvantageous to the Defendant.

However, the defendant confessions the crime of this case and repents his mistake.