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(영문) 서울남부지방법원 2017.06.21 2017고단1062
강제추행등
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

1. On February 7, 2017, around 22:58, the Defendant affected a structure: (a) discovered that the victim C (a) entered a toilet in front of a female toilet of the first floor of Yangcheon-gu Seoul building B, Yangcheon-gu, Seoul; (b) entered the toilet; (c) the victim entered the toilet; and (d) the victim entered the side partitions of the partitions in which the victim reported the melting side, followed the form of the victim’s melting.

Accordingly, the defendant invadedd the victim's structure.

2. In the case of a forced indecent act, the Defendant attempted to flee when he was discovered from the victim under the preceding paragraph at the time and place, and when the victim reported the Defendant to the police to find the Defendant, and supervised the Defendant so that the Defendant does not escape, and “I have been married” to the victim on his own.

“In addition, the victim’s knife had the victim’s knife and had the victim knife and forced the victim to commit an indecent act.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Investigation report (on-site CCTV confirmation and attachment of CDs);

1. Application of Acts and subordinate statutes to photographs of crime places;

1. Relevant legal provisions concerning facts constituting an offense, Article 319(1) of the Criminal Act (the point of intrusion upon residence), Article 298 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

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. Grounds for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against an order to attend a course;

1. The scope of applicable sentences under law: Imprisonment for one month to 13 years; and

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

A. There is no person who commits an indecent act by force (type 13 or more) in the general compulsory indecent act (type 1) (type 1) [the territory of recommendation and the scope of recommendation], the basic area of the crime of indecent act by force (type 13 or more persons subject to punishment], six months to two years of imprisonment;

(b) Crimes of intrusion upon residence: Whether the sentencing criteria are not applied; and

(c) Scope of recommending punishment: Imprisonment with prison labor for up to 13 years (limited to the lower limit of the recommended punishment, since the sentencing criteria are concurrent crimes with crimes to which the sentencing criteria are not applicable);

3. There is no reason for the suspension of execution (main reason).

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