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(영문) 서울남부지방법원 2018.10.19 2017고단4308

강제추행

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of imprisonment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant served as a site manager at the construction site in the Asia of the United States under the jurisdiction of D (State) around 2015, and the victim E (name, leisure, and age 31) served as an agent at the construction site under the jurisdiction of the same company.

1. On October 25, 2015, the Defendant, along with a golf course near the U.S.F, accessed the victim who was engaged in golf practice and applied a wing attitude. On October 25, 2015, the Defendant committed an indecent act by force against the victim by forcing the victim by making the victim’s knife, arms, bucks, and bucks cut back by hand on one hand.

2. On December 20, 2015, the Defendant committed the crime in the U.S. G around 16:00 on December 20, 2015, 2015: (a) around 16:00, the Defendant committed an indecent act by force on two occasions, including: (b) the victim’s apartment house in the U.S. G; (c) 523 of the victim’s dormitory apartment house in which the victim was living; and (d) the victim’s sexual intercourse with his employees; and (c) the victim was able to have been able to have been able to have been able to have the victim h

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness E;

1. Application of Acts and subordinate statutes, such as e-mail, mail, and the contents of H given to the suspect and the victim;

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

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. The sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Defendant is based on the following factors: (a) the number, content, and frequency of each of the instant offenses; and (b) the relationship with the victim is against the Defendant; and (c) the Defendant’s primary offender who has no record of criminal punishment is considered; and (d) the Defendant’s age, sex, environment, family relationship, circumstances of the crime, and circumstances after the crime, etc. are comprehensively taken into account and the sentence of the same sentence

Each judgment that is a sex offense subject to the registration and submission of personal information.