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(영문) 서울중앙지방법원 2017.06.16 2017고단1880
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

The defendant is the head of the C Research Planning Team, and the victim D (V, 35 years old) was the same team staff.

1. On October 4, 2016, around 21:50 on October 4, 2016, the Defendant used the said victim’s hand in the restaurant of “F” in Seocho-gu Seoul Seocho-gu, Seoul, using the name of “F”, and rhing the victim’s hand, after the victim’s bucks, put the victim’s kbbbbbbbbs into the part of the victim’s knick, and broken the victim’s left side.

Accordingly, the defendant committed an indecent act against the victim.

2. From October 4, 2016 to 22:50 on the same day, the Defendant: (a) from around 22:20 on October 4, 2016 to from around 22:50 on the same day, used the gap in which the victim gets involved in the steering of the car running from the above restaurant to the front line of the car located in Seodaemun-gu Seoul, Seodaemun-gu; (b) thereby putting the victim into the right arms of the victim; and (c) putting the knick and buckbbbbbs.

Accordingly, the defendant committed an indecent act against the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a recording book of a black stay file and a voice file file for a victim's vehicle;

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. Type 1 (Special Indecent Act on the Punishment, etc. of Sexual Crimes committed on the ground of the sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed on the ground of the sentencing [type 1] of the Act on the Punishment, etc. of Sexual Crimes - Crimes committed on the ground of the general standards (in cases where the exercise of force is significantly weak) - [the special person subject to the sentencing] mitigation [the scope of recommendation] mitigation area / [the scope of recommendation] 1 month to 1 year [the scope of recommendation] aggravation [the general person subject to the sentencing] aggravation (the use of personal trust relationship] - Main factors (whether suspended execution or not: positive (where the exercise of force is significantly weak in a forced indecent act) - General consideration is not the same, and there is a previous crime above suspended execution.

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