logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2016.01.14 2015고단3289
강제추행등
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

1. On June 4, 2015, the Defendant forced indecent act committed an indecent act by force against the victim D (V, 57 years old) who is the owner of the business in the front of the “C” located in Seongbuk-gu, Sungnam-gu, Seoul Special Metropolitan City. On the other hand, the Defendant forced the victim to commit an indecent act, such as asking the victim D (V, 57 years old) who is the owner of the business in the front of the “C” located in the “C”. The Defendant entered the said shop with the victim’s own hand and write down the victim’s head and r

2. The injured Defendant continued to engage in an injury on the right side, which requires treatment for about 14 days, when he saws the victim as a hand floor while taking a bath at around three times after drinking the victim’s behavior as seen above. In addition, the Defendant continued to put the victim into the right side in need of treatment for about 14 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation report (1) and investigation report (to hear statements from a victim by telephone);

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article 298 of the Criminal Act, Articles 298 and 257 (1) of the Criminal Act, and the choice of imprisonment with labor for 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 suspended execution;

1. Reasons for sentencing under Article 16 (2) and (4) of the Act on Special Cases concerning the Protection and observation and the Punishment, etc. of Sexual Crimes against Sexual Crimes;

1. The sentencing guidelines set forth in Category 1 Crimes (Assaults) [Scope of Recommendation] and the scope of final sentence due to the increase of the number of non-members of punishment: 4 months to 2 years; the scope of final sentence due to the increase of the number of non-members of punishment (person subject to special mitigation) in the basic area (4 months to 1 year and 6 months) (special mitigation (person subject to special mitigation)] [the scope of punishment] and the general criteria for the crime of indecent act by force (the scope of punishment recommended].

2. Determination of sentence of the instant crime and all of the elements of sentencing indicated in the records, including the details of the instant crime, the Defendant’s age, occupation, sex, family relationship, and circumstances before and after the crime (the special matters to be observed for the observation of protection), shall be determined by taking into account the following factors (the guardian to receive treatment from a psychiatrist and to protect him/her.

arrow