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(영문) 서울남부지방법원 2016.08.26 2016고합329
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Records] On July 15, 2016, the Defendant and the person requesting an attachment order (hereinafter “Defendant”) were sentenced to a suspended sentence of two years for a special injury at the Seoul Southern District Court, and the judgment became final and conclusive on July 23, 2016.

[2] On April 2, 2016, the Defendant was under the influence of alcohol in the business establishment of Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, and the fifth floor “D” on April 2, 2016, and was under the influence of alcohol and was under the influence of alcohol from the victim E (the family name, the female, and the age of 32) of his/her employees, and was under the influence of a bridge. On the other hand, the Defendant was under the influence of alcohol.

“A person who was off his/her panty and met his/her panty in front of the victim’s spanty, and was off his/her spanty and exceeded the victim’s spanty, and the victim continued to refuse to do so.

In the absence of a refusal to leave the victim's chest again, lying the victim's chest on the bed, forcedly lying the victim on the bed, see the amount of the victim's fee and breath, and refusal to do so.

In order to attract the loss of the refused victim, the victim had his/her sexual organ met.

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

Summary of Evidence

1. Statement by the defendant in the court room among the first trial records;

1. Statement made by the police for E;

1. On-site photographs;

1. Before judgment: Application of statutes in Seoul Southern District Court Decision 2016 High Court Decision 2248 Decided 2248, which is filed in the court records;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse (the order to disclose or notify the registered information may have a significant impact on the defendant, and such order shall be careful.

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