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(영문) 서울북부지방법원 2015.10.22 2015고단2411
강제추행
Text

A defendant shall be punished by imprisonment for not more than ten 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 was able to report the victims E (the age of 19) who worked on March 21, 2015 at the location of the D convenience store in Seongbuk-gu Seoul and the first floor in Seongbuk-gu, Seoul, and the defendant was able to look at the victim E (the age of 19).

1. Around 17:00 on March 21, 2015, the Defendant committed an indecent act by force against the victim, with his/her own knick hand, by holding the victim at his/her her ambry with his/her ambry.

2. On March 22, 2015, around 22:00, the Defendant committed an indecent act by force against the victim, with his/her own car around the display stand of the above branch.

3. At around 22:00 on March 28, 2015, the Defendant committed an indecent act by force on the part of the victim, with his/her own knife at his/her knife with his/her knife with his/her knife.

4. On March 29, 2015, the Defendant committed an indecent act by force against the victim, such as: (a) at the calculation unit of the above branch on March 29, 2015, the victim’s hacks the victim’s humf with his humf’s humf, and cutting the left hand into the victim’s humf with his humf’s upper part.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statement to E;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the facts constituting an offense (the point of each indecent act and the choice of imprisonment);

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of the reasons for the suspension of execution);

1. Standard for sentencing the grounds for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against an order to attend school

(a) The first category [the range of recommending punishment] mitigated area (one month to one year) (the range of imprisonment), special mitigation factors: Cases where the exercise of tangible force is considerably weak;

B. The remaining crimes of indecent act by compulsion [type] general standards of indecent act by compulsion (subject to 13 years of age or older) and the first type (general indecent act by compulsion), special mitigation area (a month or year of imprisonment) - special mitigation area (a special mitigation person: the exercise of force is very significant.

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