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(영문) 대전지방법원 천안지원 2015.01.16 2014고단1463
강제추행
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

Criminal facts

At around 16:00 on July 18, 2014, the Defendant: (a) viewed the victim D (the 33 years old), a probationary employee, using obscene video site at the office and the room of the 5th, Dong-gu, Dong-gu, Seoul Special Metropolitan City Office of 16:00; (b) sent the victim’s obscenity (the 33 years old) to the computer; (c) refused it; (d) entered the victim’s office and sent back to the victim’s office; (d) sent the victim’s 61 broadcasting of adult channel to the victim’s office; and (e) led the victim to the victim’s losses for about 5 minutes after holding the victim’s losses, and (e) took the victim’s adult broadcasting to take the victim’s losses to the victim’s own sexual flag, thereby committing an indecent act by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes to output text messages;

1. Article 298 of the Criminal Act applicable to the crime, the choice of imprisonment

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

1. Reasons for the sentencing of Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed on Probation and Order to Attend [Determination of Punishment]: Punishment of Indecent Acts by Force by Force (specially Indecent Acts by Force): In the event that the exercise of force is somewhat weak, the element of mitigation - In the case of a victim who is vulnerable to the crime (determination of the recommended area): The basic area of aggravation - [whether or not the execution of imprisonment for six months or two years is suspended [whether or not]] - Major positive factors - In the case where the exercise of force is somewhat weak: the victim who is vulnerable to the crime - Major positive factors - A person who has been sentenced to suspended sentence for more than two times, and has no serious reflectness - General positive factors - A person who has been sentenced to suspended sentence for more than two times - General positive factors : clear social relation / [Determination of sentence] The sentence shall be determined in consideration of all the sentencing factors expressed in the arguments, such as the contents and circumstances of indecent act, status of the defendant and the victim.

The facts constituting a sexual crime subject to the registration of personal information.

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