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(영문) 서울북부지방법원 2015.07.23 2015고단1347
준강제추행
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. At around 04:00 on November 17, 2014, the Defendant committed an indecent act against the victim C by compulsion, such as taking the victim’s sexual organ back to the victim C (the age of 19) who was locked and unable to resist due to being divingd, and taking the victim’s left hand into one’s own sexual organ, and taking the victim’s chest back to rhy with his hand after dancing.

2. A quasi-indecent act by compulsion against the victim F by compulsion was committed at the time, place, and place under the preceding paragraph, and the Defendant was aware of the said C and went to the police. On November 17, 2014, around 15:04:15, 201: (a) the Defendant committed indecent act by force against the victim F by taking her sleep back to the victim F (the age of 19) who was forced to resist; and (b) the Defendant was able to take her arms back to the victim F (the age of 19).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Application of the Act and subordinate statutes to report on investigation (to listen to statements by video call);

1. Relevant Articles 299 and 298 of the Criminal Act concerning the facts constituting an offense and the choice of punishment;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

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

1. Criteria for sentencing grounds for sentencing under Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation or Order to Attend Course;

(a) The first category [the range of recommending punishment] mitigated area (one month or one year of imprisonment) (the range of recommending punishment] mitigated area (one month or one year of imprisonment): Punishment not to be imposed on a specially mitigated person;

B. The scope of final sentence due to the aggravation of multiple offenses: (a) the determination of the sentence of imprisonment between one month and one year and six months, based on the major sentencing factors, to suspend the execution of imprisonment with prison labor on the condition of an additional disposition, taking into account the criminal motive, content of the crime, age, occupation, character and behavior, living environment, etc. of the defendant; and (b) the victim and the victim have no record of crimes other than the fine of imprisonment with prison labor and the fine of double-class.

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