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Reasons
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(영문) 서울남부지방법원 2015.12.17 2015고합378
강제추행
Text

A defendant shall be punished by imprisonment for one year.

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. Victims C;

A. Around 01:00 on June 29, 2015, the Defendant and the respondent for an attachment order (hereinafter “Defendant”) entered the drinking house called “E” for the operation of the Victim C (M, E, 58 years old) located in Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “Defendant”) to ask for the alcohol value, and committed an indecent act by force against the victim by having the victim’s chest turn on his/her hand to force force the indecent act.

B. At around 01:30 on June 30, 2015, the Defendant: (a) discovered the victim C who hangs in front of the foregoing alcohol house; and (b) committed an indecent act by force against the victim by using the victim’s her son with his her son’s son with his son.

2. Around 02:00 on June 30, 2015, the Defendant: (a) discovered the Victim F (F) in front of Yeongdeungpo-gu Seoul Metropolitan City G on the street; (b) committed an indecent act by force against the Victim by finding the Victim F (35 years of age); and (c) having the Victim fright to force indecent act by force by driving the Victim’s chest by hand.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of F’s written Acts and subordinate statutes;

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, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravation of concurrent crimes with the punishment prescribed in an indecent act by force against the F with the largest penalty);

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

1. Grounds for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend education;

1. Imprisonment with prison labor for not more than 15 years;

2. Where the extent of the recommended punishment according to the sentencing guidelines (decision of a type), the general standard, the crime of indecent act by compulsion (subject to the age of 13 or more), the element of mitigation (special multiple-person), the degree of indecent act by compulsion (decision of the recommended field) is weak, imprisonment with prison labor for not more than one year;

3. The crime of this case by which a sentence of punishment was rendered shall be three times against the two victims between the two pages.

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