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(영문) 인천지방법원 부천지원 2015.10.28 2015고단2149
강제추행
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 July 7, 2015, the Defendant committed an indecent act against the victim E (the 29 years old), a nurse of the above hospital, who measured the Defendant’s blood pressure on the Defendant’s left side at the D Hospital emergency room located in Bupyeong-gu, Seocheon-gu, Seocheon-si, Seoul, by compulsioning the victim’s her hum and her mar on one-time basis.

2. On July 7, 2015, around 23:06, the Defendant committed an indecent act by force on the part of the victim, who was the nurse of the above hospital (the 24 years old), at the location described in paragraph (2) and was disinfecting the Defendant’s top in front of the Defendant at the location described in paragraph (2).

Summary of Evidence

1. The defendant's legal statement (on the second date);

1. Application of the Acts and subordinate statutes to the statement statement made by the police in relation to E and F;

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

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. Reasons for sentencing under Article 16 (2) through (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service or Order to attend a lecture;

1. The range of the recommended punishment: The second crime that has no basic field (6 months to two years) of the first type of indecent act by force (the subject of age of 13) and the basic field (6 to two years), [the scope of the recommended punishment] of the second type of indecent act by force (the subject of age of 13) and the basic field (6 months to two years) of the crime of indecent act by force (the subject of age of 13) (the subject of general indecent act by force) (the subject of age of 13): the final range of the punishment due to the aggravated punishment of multiple offenders who have no basic field (6 months to 2 years): six months to three years

2. Circumstances favorable to the decision of sentence: The defendant led to the confession of the crime of this case and seems to repent of his mistake, and the defendant has no record of punishment for the same kind of crime: The crime of this case is an indecent act by force at the hospital where he was hospitalized.

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