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(영문) 서울남부지방법원 2017.01.18 2016고단5105
강제추행등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On August 31, 2016, the Defendant forced indecent act: (a) committed an indecent act with the victim D (the victim 36 years of age) who is an employee of the said main shop in Guro-gu Seoul Metropolitan Government, with the intent of forcing the victim to commit an indecent act; (b) placed the victim’s seat toward the Defendant’s seat; and (c) committed an indecent act with the victim’s her own will by forcing the victim to commit an indecent act.

2. The Defendant, at around 22:45 on August 31, 2016, at the same place as that of paragraph (1), requested the victim to grow together in a singing room, but refused to do so. The Defendant committed assault, i.e., assaulting the victim’s chest part of the victim’s chest with both fingers, pressinging the victim’s face twice by hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D and E;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, Article 298 of the Criminal Act, Article 260 (1) of the Criminal Act, and the choice of imprisonment with prison labor;

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 Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the Order to Provide community service and attend lectures;

1. The scope of applicable sentences under law: Imprisonment for one month to 12 years; and

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

(a) Basic crime: There is no person who commits an indecent act by force [types] in the crime of indecent act by force (subject to at least 13 years of age) in the general compulsory indecent act (type 1) [the territory of recommendation and the scope of punishment], the basic area of the crime of indecent act by force (subject to special sentencing], six months of imprisonment or two years;

(b) Concurrent Crimes: Crimes of assault (a type of determination) that have no general assault (a type) [the area of recommendation and the scope of recommendation], the basic area of punishment, two months to ten months of imprisonment; and

(c) Scope of recommended punishment based on the standards for handling multiple crimes: Six months to two years (the upper limit of the scope of punishment for basic crimes, No. 1/2).

3. There is no reason for the suspension of execution [main reasons for consideration] (general consideration] positive: Social relation is clear and suspended.

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