logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 성남지원 2018.03.09 2017고단3499
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 29, 2017, at around 02:00, the Defendant’s forced indecent act: (a) entered the victim D (a) under the influence of alcohol, who was under the influence of alcohol, with a room where he is under the influence of alcohol, and (b) came into a room where he is under the influence of alcohol; and (c) added the victim’s side urgical, boom, and dubs.

Accordingly, the defendant committed an indecent act against the victim by using the victim's resistanceable condition.

2. The Defendant was forced to commit an indecent act at the above date and time, and at the above place, the victim got out of the Defendant’s play room with the same behavior as that of the Defendant’s above 1, and found out the victim’s drinking water from the room where the victim was growing and from the kitchen, and then brought the victim into the victim.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or C;

1. 112 Application of Acts and subordinate statutes on reported details;

1. Relevant legal provisions concerning criminal facts, Articles 299 and 298 of the Criminal Act (a quasi-indecent act committed) concerning the selection of punishment, Article 298 of the Criminal Act (a quasi-indecent act) and the choice of imprisonment with prison labor;

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 (The following favorable circumstances):

1. Article 16(2) and Article 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service and Order to Attend the Course has the same record as the Defendant’s reasons for sentencing, and the Defendant’s judgment does not limit the crime, but does not commit the crime again and does not fit the quality of the crime by committing another indecent act against the victim who is avoiding the crime.

However, in light of the fact that the defendant led to the confession of each of the crimes in this case, the degree of conduct is not much severe, the victim expressed his intention not to punish, the circumstances under Article 51 of the Criminal Act, and the scope of the recommended punishment in the sentencing guidelines, etc., the punishment as set forth in the disposition shall be determined.

arrow