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(영문) 의정부지방법원 2019.10.18 2019고단2981
강제추행
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years after the date of confirmation of this judgment.

Reasons

Punishment of the crime

1. Around 06:00 on April 10, 2019, the Defendant committed an indecent act against the victim by entering a room where the victim D (Inn, 30 years of age) was locked, and subsequently taking a part in the bed, then saving the victim’s own body by arms and saving the victim’s body, while the victim who was broken out in the bed was her body.

2. At around 19:00 on April 10, 2019, the Defendant committed an indecent act by force against the victim, such as: (a) towing the victim’s left part part of the victim’s arms; (b) towing the victim’s arms; and (c) taking the victim’s arms back to him/her; and (d) taking the victim’s arms back to him/her; and (c) taking the victim’s right part of the victim’s arms up to 3-4 times by gathering the victim’s left part and making the victim resist his/her sexual organ up to 3-4 times.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Application of the police statement law to D;

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

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 of Article 16 (2) and the main sentence of Article 16 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Scope of punishment by law: Imprisonment with prison labor for one month to fifteen years;

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

(a) General standards for the crimes of Class I (determination of type) and sex crimes;

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

(b) General standards for the crimes of Type II (determination of types).

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).

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