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(영문) 서울중앙지방법원 2020.10.21 2020고단5136

준강제추행

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 this judgment becomes final and conclusive.

Reasons

A. The Defendant who committed the crime is between the victim B (n, 27 years of age), the victim C (n, 26 years of age) and the employer.

On March 6, 2020, the Defendant retired from the workplace located in Gangnam-gu Seoul Metropolitan Government D on March 6, 2020 and drinked with the victims after drinking together with the victims.

7. At around 01:00, the Defendant drinks alcoholic beverages with victims at the home of the victim E-building**, in Seoul Special Metropolitan City, Gwanak-gu*, and the victims are sleeped from the floor, and the victims are sleeped from the bed.

At around 07:00 on the same day, the Defendant collected her hand into the inside of the victim B who was divingd by the bed in the bed, limited to the chest and the ship, and limited to the chest and the part of the victim C who was divingd next to it.

Accordingly, the defendant committed indecent acts against the victims by taking advantage of the state of mental or physical disability or impossibility to resist.

Summary of Evidence

1. Application of the following Acts and subordinate statutes to the Defendant’s legal statement B, each protocol of seizure of the police statement made by the Defendant with C, each protocol of seizure (any submission by the police), each table of request for appraisal (2020-H-466), table of request for appraisal (20-M-6703) and investigation report (2020-M-6703) (the Defendant’s suspect Kakakao A whose contents of conversation were submitted by the injured party) and

1. Relevant Articles 299 and 298 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment;

1. Of concurrent crimes, 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. Reasons for sentencing under Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend a lecture or community service order;

1. Scope of recommended sentences according to the sentencing criteria;

(a) General standards for the first crime (a decision of type) sex crimes;

(b) The basic field of the crime of indecent act by compulsion (the person under 13 years of age or older) [the first category] general indecent act by compulsion [the scope of the recommended field and the recommended range], and six to two years of imprisonment;

(b) General standards for crimes of Type II (a decision of type).

B. The basic field of the crime of indecent act by force (the 13 years of age or older) is that there is no general indecent act by force (the special form of a person) (the recommended field and the scope of recommendations).