logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2018.08.22 2018고단1184
강제추행
Text

A defendant shall be punished by imprisonment for one year.

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

The defendant is between the victim C (math, 73 years old) and the neighbor.

1. On September 2017, the Defendant discovered the victim who was cleaning in front of Yeongdeungpo-gu Seoul Metropolitan Government D around 14:00 to 15:00, the Defendant committed an indecent act by force by force against the victim by finding out the victim who was under cleaning in front of Yeongdeungpo-gu Seoul Metropolitan Government D, without the consent of the victim, following the death of the victim.

2. On September 2017, the Defendant discovered a victim who is cleaning on the street at the places indicated in paragraph 1, around 10:0 to 11:00, around September 2017, and committed an indecent act by force against the victim by making it possible for the victim to use his/her own rear without having to escape from the victim following the death of the victim.

3. On October 4, 2017, the Defendant visited the residence of the victim located in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, and play together with the victim, around 07:00

However, the victim's refusal to live in a sofac that the victim gets to sit in a sofac, and the victim gets to sit in a sofac that he/she gets off his/her chest by his/her own hand without leaving the sofacing, and "I am off his/her clothes because I want to live."

“Indecent act by force against the victim”

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the witness C’s statutory statement law

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

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. Article 16 (2) through (4) of the Act on Special Cases concerning the Protection and observation of Orders to provide community service and the Punishment, etc. of Sexual Crimes;

1. Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Determination of punishment as ordered in light of the circumstances below the grounds for sentencing under the main sentence of Article 186(1) of the Criminal Procedure Act, and other conditions of sentencing under Article 51 of the Criminal Act, such as the defendant’s age, sexual conduct, environment, etc.

- The nature of the crime is not easy in light of the degree of conduct, the circumstances of the crime, etc.

arrow