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(영문) 춘천지방법원 속초지원 2016.08.31 2016고단207
강제추행
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

The defendant and the victim D(n, 24 years old) are between workplace clubs.

1. On December 11, 2015, the Defendant committed an indecent act by force on December 11, 2015, 2015, on the part of the Defendant: (a) reported that the victimized person was going to the said singing practice room in the Fing practice room, including the victim, at the Fing practice room located in the wife E, and had access to the victim, saying, “the president has found his/her own seat.” In doing so, the Defendant forced the victim to commit an indecent act by force, such as singing the victim’s body behind the body of the victim, and singing the victim’s knife with his/her knife on the floor of the knife.

2. On June 24, 2016, the Defendant’s indecent act committed an indecent act by force on June 24, 2016: (a) reported the victim’s out-of-the-job club in H Sing practice hall located in Sinsi-si G around 20:58 to take out together with the victim’s work union fees; and (b) took the victim’s arms at the shop with no guest with the victim’s arms; (c) took the victim’s arms at the above singing practice hall where there was no guest with the custom; and (d) took the victim’s arms at the knife; and (d) tried to put the victim into the knife with the victim’s inside knife with the victim’s hand; and (e) forced the victim to commit an indecent act by force, such as taking the victim’s right chest with the left hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to I, D, J, and K;

1. Each report on investigation;

1. Application of statutes on site photographs;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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. 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 a course;

1. Application of the sentencing criteria;

(a) Nos. 1 and 2 crimes [the scope of recommendations] general standards, forced indecent acts (subject to more than 13 years), types 1 (general indecent acts) and areas of mitigation (one month to one year) (special mitigation) are not subject to punishment.

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