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(영문) 서울남부지방법원 2017.03.28 2016고단4671
강제추행등
Text

A defendant shall be punished by imprisonment for six months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Criminal facts

[2016 Highest 4671] The Defendant, around 01:10 on September 17, 2016, on the street in front of the building in Yangcheon-gu Seoul, Yangcheon-gu Seoul Metropolitan Government, divided the victim E (one’s name, one’s age, 23) into the victim’s daily behavior and dialogue, and the victim’s daily behavior is different.

“In the floor of the victim, the victim’s am her am with his her son and forced the victim to commit an indecent act.”

[2017 Highest 186] On July 16, 2016, the Defendant: (a) expressed the victim’s desire to approach 2 female female women in front of the Huski, which is managed by the victim G (50 Do, n) located in F when lighting around 04:3 on July 16, 2016; and (b) expressed the victim’s desire to see, “Sew, kin,” and the victim’s desire to see, “Sew, kin,” and interfered with the victim’s Schlage operation by force of approximately 15 minutes by avoiding disturbance.

Summary of Evidence

[2016 Highest 4671]

1. Statement of the defendant in the first trial record;

1. Statement made by the police for E;

1. A written statement of I (2017 senior group 186);

1. Statement by the defendant in court;

1. G statements;

1. Application of Acts and subordinate statutes to a report on investigation ( neighboring CCTV analysis investigation);

1. Relevant Article 298 of the Criminal Act and Article 298 of the Criminal Act (the point of forced indecent conduct, the choice of imprisonment), and Article 314 (1) of the Criminal Act (the point of obstructing business and the choice of imprisonment);

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. Reasons for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

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

A. 1) Crimes 1 (Indecent Act, Basic Act) / [the scope of recommending punishment] Crimes 1 (Indecent Act, Basic Act) / [the scope of recommending punishment] Crimes 2 (Interference with Business Affairs) / [the scope of recommending punishment] Crimes 2 (Interference with Business Affairs) in the basic area (6-2 years to 13 or more) of the Act on the Punishment of Indecent Act (the Act on the Punishment of Indecent Act) / [the Act on the Punishment of Indecent Act)] 1 (the Act on the Punishment of Indecent Act, the Act on the Punishment of Indecent Act)

(b) Scope of punishment recommended according to the standards for handling multiple crimes: From June to September 2.

2. The decision of sentence (six months of imprisonment) is not only subject to punishment for interference with business operations by the defendant.

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