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(영문) 서울남부지방법원 2017.01.24 2016고단4608
강제추행
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 28, 2016, the Defendant: (a) committed an indecent act by force against the victim E (the 24 years old, the 24 years old, the 403-old and 404-dong) committed an indecent act in a way that: (b) around August 28, 2016, the Defendant reported the victims returning home to the F apartment of Guro-gu Seoul Metropolitan Government and forced them to commit an indecent act against the victims; and (c) he committed an indecent act in a way that they made the victims’ knife his son and knife his knife his knife’s k

2. The Defendant, on August 29, 2016, committed an indecent act by compulsion against the victim G (mar, 18 years of age, and family name) committed an indecent act in a manner that: (a) around 00:08, at the H ground parking lot in Guro-gu Seoul Metropolitan Government, reported the victim who returned home and forced the victim to commit an indecent act; and (b) made the victim’s knife by making the victim’s knife and knife his knife knife knife knife

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement protocol with respect to G and E;

1. A report on internal investigation (on-site inspection, etc.), the scene of the incident and images of CCTV screen images taken;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant provisions of the Criminal Act and Article 298 of the Criminal Act concerning the selection of punishment;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Crimes [the defendant and his/her defense counsel]

The argument is asserted.

The crime of indecent act by force includes not only the case where the other party commits an indecent act after making it difficult to resist by means of assault or intimidation, but also the case where the body of the person of assault is recognized as an indecent act. In this case, as long as it does not necessarily require the degree of suppressing the other party's intention and there is the exercise of tangible force against the other party's will, the force's resistance is regardless of its power.

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