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(영문) 서울동부지방법원 2016.03.17 2015고단3943
준강제추행
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

On October 3, 2015, around 00:04, the Defendant: (a) reported the victim E (the name, the boom, and the 27 years old) who is drunk in the subway dong-gu Seoul Metropolitan Government (the clock, the clock, the clock, the clock, the clock, and the clock) to commit an indecent act by using

Around that time, the Defendant was sleeped with the victim’s sleep and shoulder, and sleeped with the victim’s her mare in the vicinity of the second floor of opening of the opening of the 2nd floor of the said D branch line, and continued to sleep the victim’s body while moving to the victim with the victim’s body while moving to the nearest sleep, sleepd with the victim at the front of the exit of the above D 1 on the same day at around 00:25 on the same day, and slicked the victim with the victim’s inside and outside of the damaged, and around 0:35 on the same day, the Defendant attempted to sleep to the victim before the Gelter located in Seongdong-gu Seoul Metropolitan Government, and slicked with the victim’s mack.

Accordingly, the defendant committed indecent acts using the victim's resistance impossibility condition.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of the police for E;

1. A witness statement of H;

1. Results of reply to the execution of a search and seizure warrant;

1. Application of Acts and subordinate statutes to CCTV photographs;

1. Relevant Article of the Criminal Act; Articles 299 and 298 of the Criminal Act; the choice of imprisonment for a crime;

1. Article 20 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Excluding Provisions on Liability Reduction and Exemption;

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 Social Service or Order to attend a lecture;

1. A victim who is vulnerable to the basic area (from six months to two years) of the crime of indecent act by force (subject to at least 13 years of punishment) in the sentencing guidelines [the scope of recommended punishment] set forth in general standards, the basic area (special mitigation to up to two years] / A victim who is not vulnerable to the crime;

2. The instant crime committed by the sentence of sentence was committed by the victim, taking advantage of the fact that the victim was in a situation that it is impossible to resist the resistance, and the victim was laid down from the subway to the telecom and continued indecent act as stated in its reasoning, and the witness H escaped.

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