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(영문) 서울서부지방법원 2020.07.22 2020고단673
강제추행
Text

A defendant shall be punished by imprisonment for six 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

On November 1, 2019, the Defendant: (a) around 04:00, at the entrance stairs of the “C” club located in Mapo-gu Seoul Metropolitan Government, was waiting for a club; (b) was under the side of the victim D (n, 26 years of age) who is waiting for a club; (c) was sexually indecently committed on the part of the above victim E (n, female, 21 years of age) by holding only one time, followed by the above victim E (n, 21 years of age); and (d) was sexually indecently committed on the part of the victim E in the same way.

Accordingly, the defendant forced victims to commit indecent acts.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, and F;

1. Investigation reports (on-site search and investigation: Application of statutes to conduct on-site inspections and to take CCTV images to the extent that such reports are related thereto);

1. Relevant Article 298 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment with prison labor;

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 determined in the crime of indecent act by force against victims E with heavy circumstances);

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

1. Reasons for sentencing under the main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend education

1. Scope of punishment by law: Imprisonment with prison labor for one month to fifteen years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) General standards for the crimes of Class I (determination of type) and sex crimes;

(b) The crime of indecent act by compulsion (the person under 13 years of age or older) [the first type] general indecent act by compulsion (the person under special form): The mitigated element of punishment (the area of recommendation and the scope of recommended punishment), mitigated range of punishment, one month to one year of imprisonment;

(b) General standards for the crimes of Type II (determination of types).

(b) The crime of indecent act by compulsion (the person under 13 years of age or older) [the first type] general indecent act by compulsion (the person under special form): The mitigated element of punishment (the area of recommendation and the scope of recommended punishment), mitigated range of punishment, one month to one year of imprisonment;

(c) Scope of recommendations according to the standards for handling multiple crimes: One to one year and six months of imprisonment (the upper limit of crimes No. 2).

3. The method of indecent conduct in the judgment of the sentence is interviewed and an indecent act is committed.

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