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(영문) 서울남부지방법원 2016.11.25 2016고단4103
강제추행
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. On June 22, 2016, around 06:49, the Defendant: (a) went through the right side of the victim E (in women, 38 years of age) who walked in front of the Seo-gu Incheon Western, Seo-gu, Incheon, Seo-gu, Incheon; (b) and (c) led the victim to indecent act by extending the hand to the right side of the victim, thereby making use of the victim’s right side bucks and mucks, as if they were.

2. At around 06:50 on June 23, 2016, the Defendant, at the same time and at the same place as above 06:50, by force, the Defendant: (a) committed indecent act by force against the victim by using buckbucks and mucks to the right side of the said victim, which was temporarily set up in front of the set in front of the set in the same manner.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Statement to E by the police;

1. A fire-proof report (specific with the number of CCTV images and transportation cards);

1. Application of Acts and subordinate statutes on video editing data;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

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

(a) The basic area (six months to two years) of the first crime (a person who has no special relation) on the basis of the general standard of the crime of indecent act by compulsion (a person who is at least thirteen years of age);

(b) The scope of the final sentence due to the aggravation of multiple crimes that have no special penalty (the person who has no special penalty): 6 months to 3 years; the general standard of the crime of indecent act by compulsion (the person who is over 13 years of age).

2. The Defendant, who was sentenced to criminal punishment, repeated the same criminal act against the same victim, and the nature and degree of the offense is not good in light of the applicable criminal method and the subsidiary and degree of indecent act, and the Defendant is Seoul Southern District Court on May 14, 2013.

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