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(영문) 서울남부지방법원 2017.08.16 2017고단2124
강제추행등
Text

A defendant shall be punished by imprisonment for one year.

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 tried to commit an indecent act against the married female during the late night hours, and flicked the target by getting scambling the string of the erode in the eropic-dong.

1. On April 30, 2017, the Defendant forced indecent act committed an indecent act by force, such as: (a) finding a mixed victim C (a) who was frighted in the vicinity of the building located in Gangseo-gu Seoul Metropolitan Government Gangseo-gu, and forcedly committing an indecent act by finding out and forcing him/her to commit an indecent act; (b) hiding the victim at the entrance of the building; and (c) hiding him/her at the entrance of the building; and (d) hiding him/her up with the entrance of the victim, he/she saw him/herself into the entrance of the building; and (b) making the victim’s chest by inserting his/her finger with his/her clothes as indicated below; (c) making him/her wear his/her fingers towards his/her inner part; and (d) making him/her talk with the victim

2. On April 30, 2017, the Defendant attempted to commit an indecent act by force: (a) around 03:02, when she was waiting on the street of Gangseo-gu Seoul Metropolitan Government, by discovering the victim D (at 20 years of age) and forcedly committing an indecent act; (b) was attempted to prevent the victim from being injured by his/her hand or her hand who is waiting for the victim; (c) but was attempted to commit an indecent act by force on the wind of his/her own sound and resistance; (d) the Defendant did not commit an attempted act but did not commit an attempted act.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Written statements of D;

1. Application of the respective Acts and subordinate statutes, such as photograph of crime;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, Articles 300 and 298 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 Protection and observation and the Punishment, etc. of Sexual Crimes against Sexual Crimes;

1. The scope of punishment by law: Imprisonment for one month to 15 years; and

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

(a) Forced indecent act (a type of determination) is a crime of indecent act by force (subject to at least 13 years of age).

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