(영문) 서울북부지방법원 2014.06.25 2014고단925

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(영문) 서울북부지방법원 2014.06.25 2014고단925

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

Punishment of the crime

1. Around 21:00 on February 13, 2014, the Defendant committed an indecent act by force against the victim, i.e., the victim’s own hand from the right hump to the right hump of the victim with his/her mar, tum, tumb, and mar, in order to pay the drinking value after drinking at the hump operated by the victim C (A, who is 32 years of age) in Seoul, China-gu.

2. On February 17, 2014, the Defendant, at the same place as the preceding paragraph at around 21:00, after drinking alcohol to the victim, paid the victim a delivery price with the drinking value, and the victim was blicked with the victim’s right-hand hand to the safe to use the victim’s right-hand ambl with his/her own hand to the amblur.

The Defendant, who had no money from the victim, listened to the word in the ceiling only and paid three parts of the ceiling only once again. The Defendant forced the victim to use the said money by using the victim’s right tur with his hand from the tur to the tur with his hand.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of CD-related Acts and subordinate statutes

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, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reason for sentencing under Article 16(2) and (4) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes against the Order to Attend Education or the Order of Social Service is that the Defendant is the husband of the victim, despite being aware of the victim’s explicit opposing intent, is not sufficient to commit an indecent act against the victim by using the victim

In addition, the punishment shall be determined as ordered by considering all the circumstances, such as the fact that the defendant is the first offender, the fact that the defendant is against himself, and the victim does not agree with the victim.

A judgment of conviction shall be finalized on the facts of a crime subject to registration, which is a sex offense subject to registration.

참조조문

-성폭력범죄의 처벌 등에 관한 특례법 제16조 제2항

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