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(영문) 제주지방법원 2016.02.17 2015고단1779
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. On September 2015, 2015, the Defendant: (a) took the victim C (one’s name, half’s age, 50) who was seated on the top of the steering boat of the Defendant at the construction site B at the site of Jeju Island; and (b) took the victim’s shoulder and breast at the victim’s hand, and forced the victim to commit an indecent act.

2. On October 2015, the Defendant, while serving at the top of the instant passenger car operation on the victim, stated, “I cannot see that I do not have a sex relationship, so I would not have a sex relationship. I would like to say that I would have a sex relationship. I would like to say that I would have a sex relationship. I would like to look at I would like to do so, and forced the victim’s bucks and bucks.”

3. On October 2015, the Defendant: (a) parked the victim on the top of the instant car operation line, parked in the vicinity of the construction site located in Jeju City B; and (b) told the victim that “I do not have a sex relationship with others; (c) I would have a sexual intercourse with others under the supervision of Dogman,” and forced sexual intercourse with the victim by taking the victim’s hand.

4. On October 2015, the Defendant committed an indecent act by force against the victim, following the victim’s side being cleaned at the construction site located in Jeju-si, Jeju-si, in order to make the victim clean, with his or her sexual flag closely her macks on the part.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

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

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) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. The sentencing guidelines set forth in Article 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes of Social Service Order are as follows: (a) the scope of punishment [the scope of punishment for sex crimes, general standards, the crime of indecent act by force (subject to more than 13 years of age), the first type (the general indecent act by force), the basic area (6 months-2 years of imprisonment), and the standards for handling multiple crimes.

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