logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 고양지원 2020.02.18 2019고단3057
강제추행
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

1. Around 21:00 on July 24, 2019, the Defendant forced the victim to commit an indecent act by inserting her son, such as Dabro, and Dobro, who drinked with the victim D (at the age of 55) on the so-called “C” Dabro Daba, Goyang-dong-si B, Goyang-si, and by inserting her hand onto the her humf of the victim who was seated next to the victim during drinking alcohol.

2. On August 7, 2019, the Defendant committed an indecent act by force against the victim under the above method while drinking alcohol at the same place as the victim et al. in the same manner as the victim et al.

3. At around 17:00 on August 13, 2019, the Defendant continuously recommended the victim to sit on his/her side within the F0 flick Zone E located in Goyang-dong, Pyeongdong-gu, U.S., thereby committing an indecent act by force against the victim by the aforementioned method.

4. At around 18:00 on August 16, 2019, the Defendant: (a) committed an indecent act by force against the victim, etc. in the “H” restaurant in Yongsan-gu Seoul Metropolitan City, Yongsan-gu; (b) while doing so.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on written statements by prosecution concerning D;

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

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

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

1. Grounds for sentencing under the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

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 basic field of 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 scope of the recommended field and the recommended range], and six to two years of imprisonment;

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

B. The recommended field where there is no general indecent act by force (the first type) on the part of a person committing the crime of indecent act by force (the person under 13 years of age).

arrow