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(영문) 서울남부지방법원 2017.11.15 2017고단3020
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 May 25, 2017, the Defendant: (a) discovered the victim F (V) who was going to go on a bicycle in front of the “E Child Care Center located in Gwanak-gu in Seoul Special Metropolitan City(Seoul Special Metropolitan City)” on the street around May 25, 2017; and (b) committed an indecent act by force against the victim by making only a part of the victim’s negative part of the victim’s hand only once.

2. obscenity of a public performance;

A. On May 2017, around 07:45, the Defendant: (a) boarded a bicycle in front of Gwanak-gu in Seoul Special Metropolitan City, Seoul Special Metropolitan City on the street; (b) reported that the Defendant passed H (W, 32 years of age, and Ga). “B, I see, I see, and I see, I see, and made a patently obscene act.”

B. On October 29, 2017, around 07:45, the Defendant: (a) loaded a bicycle at the places indicated in the foregoing paragraph (a) and Dack reported that the above H passed; and (b) laid the sex organs into the public.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A written statement;

1. An abstract photographs of suspect CCTV at each scene of crime;

1. 112 Application of the Acts and subordinate statutes governing the table of reported case settlement;

1. Relevant Article 298 of the Criminal Act concerning criminal facts, the choice of punishment, Article 298 of the Criminal Act (the point of compulsory indecent act), Article 245 of the Criminal Act (the 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. Grounds for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against an order to attend a course;

1. The scope of applicable sentences under law: Imprisonment for one month to 12 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) Offenses of obscenity for each public performance: that the sentencing criteria are not applied;

(c) Scope of recommending punishment: Imprisonment with prison labor for one month to 12 years (the lowest limit of the recommending punishment shall apply only to concurrent crimes with crimes to which the sentencing criteria are not applicable);

3. Grounds for probation [Main Reasons] positive:

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