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(영문) 서울서부지방법원 2016.12.07 2016고단3074
강제추행
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a person who has worked as the director in Jung-gu Seoul Metropolitan Government A, and the victim E (the age of 25) has worked in the same company design team.

1. On June 15, 2016, between 01:00 to 02:00, the Defendant, in the taxi, committed indecent acts in the taxi, the Defendant forced the victim to commit indecent acts by forcing the victim to take knee and hand over knee of the victim, who moved to the Busan Gangseo-gu Busan Metropolitan Government factory located in the Gangseo-gu Busan Metropolitan City F, by using the phrase “the governance is currently taking into consideration whether there is any person who is now in the governance.” The inside location and the horse of the company is a large impact on the company. We can be located in the flag company. We are now in the flag. We are now in the flag-out. We need to think that the victim’s refusal to drink continues to drink.”

2. At around 02:00 on June 15, 2016, the Defendant committed an indecent act by compulsion by force, such as making a victim who could sleep himself/herself at the accommodation of the foregoing Busan factory, and failing to participate in a instantaneous impulse, and gathering his/her hand with his/her clothes, making him/her knick his/her hand and her fingers with his/her hand, and making him/her talk with him/her.

Summary of Evidence

1. Defendant's legal statement;

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

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

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

1. The reason for the sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Scope of Recommendation) is the general standard for the sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Punishment of Indecent Act by Indecent Act (subject to the age of 13 or more), and the basic area (6 or 2 or more years) of the Act on the Punishment, etc. of Indecent Act (decision on the Punishment of Indecent Act by Indecent Act) (the Decision on the Punishment of Indecent Act) (the Decision on the Punishment, etc. of Indecent Act), which is highly likely to be criticized

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