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(영문) 서울남부지방법원 2016.11.23 2016고단4812
강제추행등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 5, 2016, around 02:28, the Defendant discovered the victim F (tentative name) who was seated on the front side of the “Ecafeteria” located in Gangseo-gu Seoul Metropolitan Government, and accessed the victim, and found the victim’s left part after the victim was seated, and discovered the victim’s wall back to the bank where the victim was covered, and then 20,000 won in cash owned by the victim.

Accordingly, the defendant stolen the victim's property.

2. The Defendant committed indecent acts by compulsion, at the same time and place as indicated in paragraph (1), stolen the victim F’s property, as mentioned above, and took the victim’s seat continuously, and as the victim took the hand to the inside of the body where the victim was suffering, and only sees the victim’s left chest, and knife the victim’s part by hand.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of CCTV-related Acts and subordinate statutes to the crime;

1. Relevant Article 329 of the Criminal Act, Article 298 of the Criminal Act, and Article 298 of the Criminal Act, and the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

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

1. The scope of punishment by law: Imprisonment for one month to 15 years; and

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

(a) Basic crime: Larceny [Determination of types of theft] and the thief (type 3] mitigated element of larceny (type 2): mitigated element of larceny (type 3) against general property: In the area of mitigation of punishment and non-action [the scope of recommending area and recommendation] mitigated range of punishment, six months of imprisonment to one year;

(b) Concurrent crimes: A crime of indecent act by compulsion (the determination of a certain type) and a crime of indecent act by compulsion (the objects of 13 years of age or older) and the general indecent act by compulsion (the special form of a person): A mitigation area of punishment and recommendations (the range of recommending areas and recommendations) and a mitigation area of punishment and recommendations, one month to one year;

(c) Scope of recommendations: Imprisonment; and

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