beta
(영문) 부산지방법원 2018.09.19 2018고단2398

준강제추행등

Text

1. The defendant shall be punished by imprisonment with prison labor for eight months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Quasi-voluntary indecent act (2018 Goyman 2398) the Defendant, around November 12, 2017, 202:00, 3rd floor of “D” located in Busan Shipping Daegu Co., Ltd., followed by the Defendant’s hand on the side of the victim E (the age of 21) who was making soup and 21 years of age, she was suffering from the victim’s frying behavior.

Accordingly, the Defendant committed an indecent act by taking advantage of the victim’s mental and physical loss or the impossibility of resistance.

2. On May 27, 2018, the Defendant committed an indecent act in the public densely densely-populated place (2018 top class 2706, top class 2706) at around 06:35 on May 27, 2018, at around the side of the victim H (Y, 18 years old) who was fryed in the 8th floor of G hotel located in the Busan Suwon-gu, the Defendant diversd the victim’s hump and turt with the victim’s hump.

Accordingly, the defendant committed an indecent act against the victim in a densely concentrated place.

Summary of Evidence

1. Statement by the defendant in court;

2. Application of statutes on police statements made to E and H;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) An indecent act by force: Articles 299 and 298 of the Criminal Act;

(b) Indecent conduct in a densely concentrated place: Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

2. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the punishment shall be aggravated within the extent that the sum of the maximum limit of sentence for the crimes of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts in Public Place) with heavier penalty provided for in the said Act];

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

4. Article 16 (2) and (4) of the Act on Special Cases concerning the Protection and observation and the Punishment, etc. of Sexual Crimes committed by an order to attend a course;

5. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from a disclosure order of registered information, an order to notify the disclosure of information, and an order to restrict employment, the proviso to Article 49(1) of the Act on the Protection of Juveniles against Sexual Abuse, the proviso to Article 50(1), and the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant committed each of the instant crimes in a sobry manner).