logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 서부지원 2018.11.30 2018고단1783
강제추행
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On February 2, 2018, the Defendant: (a) committed an indecent act by force on the part of the victim D (V, 55 years old) in the part of the head of the restaurant operated by the victim D (V,) located in the city of Busan (V, 55 years old).

2. On June 18, 2018, the Defendant, at the restaurant as stated in paragraph 1 of the same Article, 18:00, committed an indecent act by force against the victim by driving the victim’s chest on his/her hand, while drinking together with the victim.

3. On July 24, 2018, the Defendant committed an indecent act by force in response to his/her own intervention in the view of the victim who intends to leave the restaurant as stated in paragraph 1 at around 21:00.

4. On July 25, 2018, the Defendant committed a forced indecent act by kisking the victim’s kis on the part of the victim who was cleaning at the restaurant toilet as stated in paragraph 1, around 15:00.

Accordingly, the defendant committed an indecent act against the victim four times.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Investigation report (verification of CCTVs against each indecent act), application of CD-related Acts and subordinate statutes in which CCTV screen images are stored;

1. Relevant provisions of the Criminal Act and Article 298 of the Criminal Act concerning the selection of punishment;

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. Reasons for sentencing under the main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by community service or attending lectures;

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

A. There is no basic area (6 months to 2 years) (special sentencing factors) of the first or third crimes of indecent conduct (subject to above 13 years of age).

(b) The scope of final sentence due to the aggravation of multiple offenses: Six months to three years;

2. The crime of this case by which the Defendant committed an indecent act against the victim running a restaurant four times, and the criminal liability is not less and less in light of the part and degree of such indecent act, etc., and sexual humiliation and shame of the victim at the time.

arrow