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(영문) 서울남부지방법원 2017.12.20 2017고단5036
강제추행등
Text

A defendant shall be punished by imprisonment for four 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

1. On July 19, 2017, the Defendant forced indecent act committed an indecent act by compulsion against the victim D (the 56-year old age) who returned to the C B’s alley located in Yeongdeungpo-gu Seoul Metropolitan Government, with the intention of committing an indecent act by reporting the victim D (the 56-year age), and by forcing the victim to commit an indecent act by making the victim’s her own hand three times his/her her son’s son.

2. A public performance obscenity around July 22, 2017, around 06:20 on July 22, 2017, the Defendant openly committed an obscene act, such as fluoring a sexual instrument with hand and shaking a sexual instrument, in a state where the sexual instrument was protruding.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of Acts and subordinate statutes to field photographs (obscenity cases);

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, Article 298 of the Criminal Act, Article 245 of the Criminal Act (a point of public performance obscenity), 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 applicable sentences under law: Imprisonment for one month to 11 years; and

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

(a) Crimes of indecent act by force [types] Crimes of indecent act by force (subject to at least 13 years) and indecent act by force (type 1) committed in general (subject to special sentencing): The elements to be mitigated: the punishment is not to be mitigated [the scope of recommendations and recommendations], the mitigation area of punishment [the scope of recommendations and recommendations], one month to one year;

(b) obscenity crime: that the sentencing criteria are not applied;

(c) Scope of recommending punishment: One month to one year (the lowest limit of the recommended punishment shall apply to concurrent crimes with crimes to which the sentencing criteria are not applicable).

3. Reasons for the suspension of execution [major reasons for the suspension of execution] positive: In addition, negative reasons for the suspension of execution (general reasons): Two or more times before the suspension of execution, positive: Serious reflection.

4. In light of the fact that the Defendant had been sentenced four times for a sex offense before the sentence was rendered, the nature of the crime in the instant case may be mitigated.

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