logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2017.05.12 2017고단515
강제추행등
Text

A defendant shall be punished by imprisonment for not more than ten 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

Criminal facts

1. On December 19, 2016, the Defendant forced indecent act: (a) around 00:30 on December 19, 2016, at the “D” restaurant operated by Geumcheon-gu Seoul Metropolitan Government (hereinafter “D”) the victim C (the 44-year-old-old-old-type-old-type-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-

2. Special intimidation: (a) the Defendant, like the date, time, and place mentioned in the above paragraph (1) as indicated therein, had the victim E resisted his resistance and threatened the victim with an empty beer, which is a dangerous object that was adjacent to the Kabter, and then threatened with the victim as they were.

Summary of Evidence

[Judgment No. 1]

1. Statement by the defendant in court;

1. Each police statement protocol with respect to C and E (the fact of the judgment No. 2);

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Relevant Article of the Criminal Act and Article 298 of the Criminal Act (the point of forced indecent conduct, the choice of imprisonment), Articles 284 and 283 (1) of the Criminal Act (the point of threatening to carry dangerous articles, the choice of imprisonment) concerning the 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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 62-2 (1) of the Criminal Act on the community service order;

1. Grounds for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against an order to attend a course;

1. Scope of the recommended sentences according to the sentencing criteria;

A. 1 Scope of the sentence for individual crimes 1) Special Intimidation (basic crime) / Scope of the punishment for intimidation / Scope of the punishment for intimidation / 4 (Special Intimidation for Habitual Offense) / (4 to 1 year) the mitigation area of the punishment (special sentencing person) / [2] the crime of forced indecent act against E / [the scope of recommendation] the crime of forced indecent act (13 or more years of age) / (1 to 1 years of general indecent act) reduction area (1 to 3) reduction area (special sentencing person] / the crime of forced indecent act against Punishment C [the scope of recommending punishment].

arrow