logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2020.05.13 2020고단784
강제추행
Text

A defendant shall be punished by imprisonment for six 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

On October 28, 2019, the Defendant, at the “C” club located in Mapo-gu Seoul, Mapo-gu, Seoul on October 28, 2019, knifeed the victim D (n's 35 years of age) with his/her knife, and forced the victim to commit an indecent act.

Summary of Evidence

1. Defendant's legal statement;

1. Police statements prepared in connection with D;

1. Application of Acts and subordinate statutes to each investigation report (on-site and CCTV investigations, and telephone conversations for witnesses E);

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under the main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend education

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommended sentences according to the sentencing criteria (the determination of types of sex offenses);

(b) The crime of indecent act by compulsion (the person under 13 years of age or older) [the first type] general indecent act by compulsion (the person under special form): The mitigated element of punishment (the area of recommendation and the scope of recommended punishment), mitigated range of punishment, one month to one year of imprisonment;

3. The decision of sentence shall be made in the same manner as the sentence is rendered and the execution of sentence is to be suspended, taking into account the defendant's age, character and conduct, environment, etc. and various sentencing conditions.

The favorable circumstances: The defendant shows the appearance that he/she is able to reflect on the fact that he/she led to the confession of the crime, and around February 24, 2020, paid the agreed amount of three million won to the victim, and received the letter from the victim: The details and degree of the indecent act is not easy. The defendant again committed the crime in this case even though he/she was sentenced to a fine of three million won for the commission of a separate indecent act in 2018, and there is a high possibility of criticism because he/she again committed the crime in this case, and the conviction on the crime in the judgment that is subject to registration and submission of personal information becomes final and conclusive, and the defendant is subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and therefore, the head of the related agency

arrow