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(영문) 서울서부지방법원 2019.08.21 2018고단3382
준강제추행
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

The defendant is between the victim B (ma, 40 years of age) and the victim C (Seoul Seodaemun-gu D) who is a self-support shelter for the homeless.

On February 15, 2018, from around 19:00 to 23:59, the Defendant: (a) at the guest room not aware of the number of the “F” in Seodaemun-gu Seoul, Seodaemun-gu, Seoul; (b) together with the fact that the victim helps to color the head of the victim; (c) the victim’s head color is terminated; (d) the victim’s head color is divided into one illness; and (e) the victim was off from the bed from the bed in the bed; and (e) the victim was deprived of the victim’s sexual organ.

Accordingly, the defendant committed indecent acts by taking advantage of the mental or physical condition of human beings.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of the witness B;

1. Application of Acts and subordinate statutes to the police statement concerning G;

1. Article 299 of the Criminal Act and Articles 299 and 298 of the Criminal Act, the choice of imprisonment for a crime;

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

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend education

1. Grounds for sentencing under Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352, Jan. 16, 2018); Article 56 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018); Article 2 of the Addenda to the Welfare of Disabled Persons Act (Act No. 15904, Dec. 11, 2018); Article 59-3 (1) of the Act on Welfare of Persons with Disabilities

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommended sentences according to the sentencing criteria (the determination of types of sex offenses);

(b) The basic field of the crime of indecent act by compulsion (the person under 13 years of age or older) [the first type] general indecent act by compulsion [the scope of the recommended field and the recommended range], and six to two years of imprisonment;

3. The sentence shall be determined as per the order, comprehensively taking into account the following circumstances and the defendant's age, character and conduct, environment, motive and background of the crime, and circumstances after the crime.

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