logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2017.08.09 2016고단3066
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

On September 12, 2016, around 18:10 on September 12, 2016, the Defendant committed an indecent act against the victim E in a manner that enables the victim to take care of the victim’s chest before the welfare center located in Mapo-gu Seoul Metropolitan Government.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Statement made by the police for E;

1. CCTV photographs and storage CDs [the victim has made a concrete and consistent statement of the Defendant’s indecent act in this case from the 112 reporting immediately after the crime was committed to this court, and there are no circumstances to make a false statement. Thus, the witness F’s statement is reliable, and most of the statements made by the witness F are consistent with the victim’s statement, and the Defendant did not interfere with the victim’s buckbucks.

A clear statement is made by the Defendant, and there is the fact that his hand, etc. is faced by the victim's chests, buckbucks, hand, etc.

In full view of the facts recognized, it is sufficiently recognized that the defendant committed an indecent act against the victim.

Application of Statutes

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

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

1. In light of the fact that the defendant, who is aged in the reason of sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed an indecent act against the chest and buckbucks, etc. on the basis that he was committed by the defendant who committed an indecent act on the part of his age, and the nature of the crime is not good, and even though the victim seems to have suffered a considerable mental suffering due to indecent act, he denies the crime and did not seriously reflect the crime, his responsibility for the crime shall be chosen to imprisonment without prison labor, but there is no record of punishment for the same kind of crime, and there is no record of punishment.

arrow