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(영문) 수원지방법원 2015.04.23 2015고단138
강제추행
Text

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

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

Reasons

Punishment of the crime

The defendant became aware of the victim C (M, 30 years of age) who works for the defendant's main office operated by the defendant's branch as his employee, and was living in the studio building like the victim.

On October 17, 2014, at around 02:15, the Defendant: (a) 02:15, when the victim intending to complete the main place of work, she saw the victim as eating together with the victim; and (b) when the defendant living in Suwon-si D, Suwon-si, at around 03:35, 03:35 on the same day, she committed an indecent act by force against the victim by forcing the victim by sending the defendant to the defendant’s house first and moving the victim into the house of the victim; (c) attaching the victim’s arms to the defendant’s house in the above building 303; (d) towing the victim into the part of the victim’s house; (d) towing the victim into the part of the victim’s chest.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement of C on the statement (this is also consistent with the CCTV recording photograph and the mobile phone telephone telephone recording photograph, with the contents of the statement, and therefore credibility exists in the statement);

1. Application of the CCTV recording photographs and the Acts and subordinate statutes concerning mobile phone telephone recording photographs;

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend education;

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] general standard and the basic area (six months to two years) of the crimes of indecent act by force (the persons aged 13 or older) in the first category;

2. Determination of sentence: Imprisonment with prison labor for eight months and suspension of execution for two years, the fact that the crime seems to have been highly dangerous to lead to a serious sexual crime and that the victim was the victim.

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