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(영문) 서울서부지방법원 2016.03.23 2016고단93
준강제추행등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant and Victim C ( South, 22 years of age) are post- graduate schools in D University E Department of D University E.

1. Quasi-voluntary indecent acts;

A. On July 2014, the Defendant, at the time of the Defendant’s residence, held a academic conference with the victim and held a meeting related to the F apartment of Mapo-gu Seoul, Seoul, 105 and 1003, which is the Defendant’s residence, and became the victim’s her son and son and son.

Accordingly, the Defendant committed an indecent act by force against the victim by using a locked state.

B. On August 2014, the Defendant: (a) the victim’s ambucks and buckbucks, which were locked with the victim, in the course of being accommodated in a school with the victim as a matter of participation in the school from the influent hotel located in Daejeon around Daejeon; and (b) the victim ambucks and knicks.

Accordingly, the Defendant committed an indecent act by force against the victim by using a locked state.

2. On January 2015, the Defendant forced indecent act: (a) the victim’s her son and sexual organ, who was booming her eye while she was living together with the victim in a school conference with the relation of participation from the hotel located in the city of Singu in the U.S. as of early January 2015, included the victim’s her son and her finger in the victim’s son and her son.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on the prosecutor's statement protocol to C;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 299, 298 (a quasi-indecent act committed) of the Criminal Act, Article 298 of the Criminal Act, and the choice of punishment by imprisonment;

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. The reason for the sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by an Order to Attend the Course [the scope of punishment for each crime of Articles 1 through 3] is the general standard (the target of punishment for compulsory indecent act of not less than 13 years). The scope of final sentence due to the aggravation of multiple crimes in the basic area (6 months to 2 years): From June to March, 3 months [the sentence] used the state in which the victim was diving.

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